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A road with large potholes, cracks, and missing signs is susceptible to serious accidents because drivers are forced to brake or swerve suddenly. Hitting a large pothole at high speed can damage your vehicle’s suspension or cause a flat tire, forcing you out of your lane or causing your car to roll.
If you’re involved in a car accident on a dilapidated road in Phoenix, Arizona and you believe you have a strong case, get one of the best accident lawyers in Phoenix to help you assess the available evidence and determine how the poor road conditions can influence your claim.
In this post, we’ll explain the circumstances under which you can sue the agency responsible for maintaining roads in Arizona for injuries or damaged property, and how these road conditions affect your safety on the road.
Even with advanced motor vehicle manufacturing technologies designed to enhance road safety, poor roads still pose a significant threat to road users because they cause driving problems that lead to serious accidents. Here are the types of poor road conditions you’re likely to encounter in Phoenix and other parts of Arizona:
If an accident occurs due to any of these road conditions, you can sue the Arizona Department of Transportation (ADOT) or the other state entities responsible for maintaining the road. However, you have to provide enough proof of negligence.
Luckily, major highways and many roads in Arizona are fitted with traffic cameras to monitor and control traffic. The role of traffic camera footage in your case is to show what led to the accident and who’s liable.
| Poor Road Condition | Dangers / Impact | Evidence Needed for Claim |
|---|---|---|
| Gaping potholes | Vehicle damage, swerving, collisions | Photos of potholes, dash cam footage, repair reports |
| Worn-out asphalt | Reduced traction, sudden braking, accidents | Road maintenance records, accident reports, photos |
| Faded or missing road signage | Confusion, missed warnings, collisions | Photos, witness statements, traffic camera footage |
| Fallen trees / extended roots | Sudden swerving, vehicle damage, rollovers | Photos, municipal maintenance reports, police reports |
| Irregular pavements | Loss of vehicle control, pedestrian/cyclist accidents | Photos, witness statements, accident reconstruction |
| Unmarked water or ice streams | Slippery surfaces, collisions | Weather reports, photos, traffic camera footage |
| Road barriers | Sudden braking/swerving, accidents | Photos, witness statements, accident reports |
Broken manholes and large potholes in the middle of the road pose a danger for road users because they can damage vehicles or cause drivers to brake or swerve abruptly, increasing the risk of serious accidents. Missing or faded road signs are risky for drivers and pedestrians because of insufficient warnings and information on how to use the road safely. A road without proper signage for crosswalks, school zones, and U-turns is a time bomb.
Irregular pavements can make you lose control of your vehicle and roll or hit pedestrians and cyclists. They increase braking distances and damage tires. Furthermore, they aren’t clearly visible at night, leading to sudden braking and swerving.
Worn-out asphalt and unmarked water and ice streams present serious braking challenges, thus increasing the risk of collisions. Unattended road barriers, fallen trees, and extended tree roots cause instant braking and swerving, which can lead to loss of vehicle control, collisions, or rolling.
Government agencies like the ADOT are responsible for maintaining most highways and major roads in Arizona. You need to file a notice of claim within 180 days after the accident; this notice is mandatory when filing a lawsuit against a government entity.
The notice is supposed to give the government agency sufficient time to investigate the accident and prepare for the case. It should include facts about the accident as well as the damages you wish to claim.
Dealing with a lawsuit or claim involving a government entity can be challenging, so having a good attorney is important for a successful claim and prompt compensation. If the accident results in the death of your loved one, you can file a wrongful death claim and ask to be compensated for loss of life, emotional pain, lost future income, and medical and funeral costs.
Understanding fault in wrongful death car accidents is an important element in ensuring justice is served and securing full compensation. Your attorney should help you review the available evidence to establish liability.
Although recklessness and driving under the influence of alcohol are the major causes of road accidents, poorly-maintained roads also contribute to serious traffic incidents in Arizona. Filing an accident claim due to poor road conditions requires enough proof of negligence by the entities responsible for maintaining the road.
At Gage Mathers, we can help you file your claim and hold the ADOT responsible for poor road conditions!
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