When a road is in bad condition, it can lead to several problems, which is especially true in bad weather, heavy traffic, or when the roadway lacks necessary upkeep. Sometimes, a truck driver and bad road conditions can both contribute to this type of accident. Assessing liability and determining how to pursue compensation may be difficult.
If you were hurt in a bad road conditions truck accident, a Baton Rouge bad road conditions lawyer from the Morris Bart law firm might be able to help. Call the Morris Bart law firm in Baton Rouge today to speak with one of our team members about your legal options. Dial (225) 341-5694 today.
Bad Road Conditions Can Cause Accidents in Many Ways
In Baton Rouge, bad road conditions can lead to serious accidents and injuries. In general, two things can cause bad road conditions: the weather and the road’s condition.
Changing and Bad Weather Causes Significant Risks
Changing weather, wet weather, and freezing weather can cause accidents by affecting the way motorists drive, which includes:
- Increasing traffic because of a limited capacity in unflooded lanes
- Reducing the speed of traffic flow or causing significant differences in speed between motorists
- Causing congestion and slowing travel times, leading to frustration and possibly aggressive driving
- Increasing stopping distance on wet or icy roads
- Causing drivers to lose control of their vehicle or hydroplane
Defects and Neglect of a Road
While there are innumerable ways a road design, poor upkeep, or other factors can contribute to an accident, some common ways include:
- Missing or hidden signage
- Inadequate lighting
- Poor roadway design
- Potholes and other damage to the road surface
- Standing water or ice due to improper design
- Inadequate guardrails
- Objects too close to the road
- Malfunctioning or defective traffic signals
- Blocked shoulders or sharp drop-off at the shoulder
A lawyer can help you determine how road conditions may have led to your accident and who may be liable in an injury claim.
For a free legal consultation with a Bad Road Conditions Truck Accident lawyer serving Baton Rouge, call 800-537-8185
Assigning Liability in a Baton Rouge Bad Road Conditions Accident
A Baton Rouge bad road conditions lawyer from the Morris Bart law firm knows how to get to the bottom of an accident case and determine the identity of the liable party or parties, then build a case against them. Our attorneys can work with accident reconstruction specialists and others to understand each party’s role in these collisions. In some cases, an attorney may need the court to establish the percentage of shared fault in this type of accident.
In general, when one of our clients suffers injuries in a truck accident that involved bad road conditions, we need to consider the details of the case. Possible liable parties include the trucking company, government agencies, and other third parties.
The Trucking Company
Under the Louisiana Civil Code (CC) §2320, trucking companies are often vicariously liable for their employees’ actions in causing a collision. This liability means that if you can prove the truck driver was working for the trucking company at the time of the accident, you could file a claim against the company instead of the truck driver alone.
A Government Agency
If there is a defect or negligent upkeep of the road and this caused or contributed to the accident, the government agency tasked with caring for the road might be liable. The government agency could be a city, parish, or state agency. When this occurs, the Louisiana Governmental Claims Act will likely apply. These statutes outline the process for pursuing a case against the government. This process may include different filing procedures and limits on your recoverable compensation.
You can learn more by calling the Morris Bart law firm today at (225) 341-5694. With 15 offices to serve you, we also accept cases in Mississippi, Alabama, or Arkansas.
Recoverable Damages in a Baton Rouge Trucking Accident
The recoverable damages potentially available in a Baton Rouge truck accident case include:
- Current and future treatment and related expenses
- Current lost wages and other future income
- Diminished earning ability if you cannot return to your career
- Property damages, including car repairs
- Pain and suffering
- Other non-economic losses
- Wrongful death damages
We Help Our Clients Understand the Time Limits that Apply in Their Case
The process of seeking compensation following an East Baton Rouge Parish bad road conditions truck accident depends on several factors, including the liable party’s identity. Under CC §3492, you generally have up to one year to file a civil lawsuit to hold a trucking company, individual, or another commercial enterprise accountable.
However, the rules may be different if a state, parish, or city agency played a role in causing the accident through negligent upkeep of the road, poor design, or other negligence. When this occurs, there may be additional deadlines you need to meet as a part of the process to hold a government agency liable.
Speak with a Morris Bart, LLC Team Member Today About Your Case
A Baton Rouge bad road conditions lawyer from the Morris Bart law firm may be able to help you assign liability and pursue compensation based on your Baton Rouge car accident and injuries. You can discuss your collision, injuries, prognosis, and more with a member of our team today at no cost to you. The Morris Bart law firm is a contingency fee firm, meaning that we represent clients with no upfront payment required.
You can reach a member of the team from the Morris Bart law firm in Baton Rouge now by dialing (225) 341-5694. We can go to work on assessing your case immediately.
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