A Cleveland Personal Injury Attorney on Road Defects
While most personal injury claims for motor vehicle accidents cite another driver for negligence, another class of injury accidents entails defects in the road and surroundings. As will be seen, these types of claims can be more challenging, but a strong and experienced Cleveland personal injury lawyer will fight for your right to compensation.
Types of Road Defects as Explained by a Cleveland Personal Injury Lawyer
Your Cleveland personal injury lawyer will tell you that road defect claims tend to fall into several categories: damage to the road surface; improperly installed or maintained road signs; and faulty engineering. For instance, certain areas of road are by their construct inherently dangerous as the early rock and roll song “Dead Man’s Curve” suggests.
Traffic signs may wear or become damaged in storms. It is the responsibility of the city or county to repair or replace these signs within a reasonable time to ensure public safety; if they fail to do so, your Cleveland personal injury attorney may determine that you have grounds for lawsuit should you be injured in an accident resulting from said negligence.
Road damage includes:
- Debris scattered on the road surface;
- Uneven surfaces and cracks;
- Damage to guard rails, islands and other road features; and
- Erosion of the shoulder and/or other areas of the road.
Your Cleveland Personal Injury Lawyer on Proving Liability
As mentioned previously, should you be injured in an accident because of a road defect, your Cleveland personal injury lawyer will be somewhat more challenged in proving liability than in a more typical injury case involving another motor vehicle.
In essence, the difficulty is in determining both who should be deemed negligent and why. Local and regional governments tend to try to “pass the buck” when liability is at issue, so your Cleveland personal injury lawyer will need to establish who has responsibility for a given repair. The construction company itself may be held liable in some instances. The “why” in proving a case involves showing that the driver did not have a reasonable ability to avoid the hazard. If, for instance, a driver was under the influence of alcohol and swerved into a pothole that was easily avoidable, he is less likely to be able to successfully claim negligence.
If You Are Injured, Contact a Cleveland Personal Injury Attorney for Help
If you have been injured in an accident which resulted from a road defect, you may have grounds for a claim. Call a Cleveland personal injury lawyer at the Law Office of Shapero & Green today to discuss your case. Call 216-831-5100 today.