Most car accidents are caused by the negligence of one of the drivers involved in the crash; however, this isn’t always the case. Sometimes, single- and multi-vehicle accidents are caused by hazards in the roadway, including road defects. If you have been involved in a crash caused by a road defect, our experienced Massachusetts road defect lawyers at the office of Tetzel Law can help you to understand your legal options and take action. Reach out to us by phone or online today for your free consultation and an overview of your options.
Common Road Defects that Lead to Accidents
Anytime a road has a defect, an accident is possible. Types of road defects that could potentially lead to an accident include:
- Lack of guardrails on areas of sharp turns or drop-offs
- Lack of posted signage, such as to slow down, watch for animals, yield to pedestrians, merge, travel one-way, etc.
- Uneven pavement and potholes
- Unremoved debris in the road, including downed trees, animal roadkill, remaining car parts from other accidents, etc.
- Unmarked or poorly organized construction zones
- Any other road defects that could cause or contribute to an accident
Who’s Liable for an Accident Caused By a Road Defect?
Liability for damages resulting from an accident caused by a road defect is based on negligence and which party was responsible for maintaining the road. In claims against the Commonwealth of Massachusetts (the state), the Commonwealth does not allow any recovery for property damage, and claims for personal injury are limited to a nominal amount in road defect cases. Note that claims against municipalities may be different. For example, the City of Boston maintains its own process for filing a claim against the city for injuries caused by road defects. For negligence-based claims against the city or state, note that the claim is subject to the Massachusetts Tort Claims Act.
While a city or state government could be liable, a private party, such as a construction company, may be to blame. Claims against non-government entities are not confined by the same filing requirements, and a person can seek the full value of their damages in these actions.
How Our Massachusetts Road Defect Lawyer Can Help
Even if a city or state entity was responsible for maintaining the road and repairing the defect that caused your injury, governments routinely deny these claim types. If you have a claim against a private party, such as a construction company, you should be prepared to have any settlement you’re offered be lowballed.
At the office of Tetzel Law, our lawyers can provide aggressive representation when a road defect has caused you harm. Whether representing you in a claim against a government or a private party, we know how to file successful claims and advocate for our clients’ best interests. If you or a loved one has been injured in an accident caused by a road defect, call our law firm today at (617) 742-1700 or send us a message using the intake form on our website to request your free consultation. We are here to support you.