Car accidents are one of the most common reasons for injury and death in the world. There are several factors of an accident that are usually out of the driver’s control. One of them is poor road conditions, which cause hundreds of accidents despite them having the best vehicles. In Texas, 38% of the roads are in poor condition, which is the reason behind the increasing number of accidents happening on the roads.
In Atascocita, claiming compensation after getting in an accident due to poor road conditions is a tiring and money-consuming task. This blog will guide you through the legal options available for claiming compensation after an accident. If you get injured due to poor road conditions in Texas, you can get legal help from atascocita personal injury lawyers.
What Is Road Maintenance Liability In Atascocita?
Understanding who is liable for your claim is important if you get involved in an accident. In Atascocita, the liability of your claim falls on several people and entities like state agencies, local municipalities, and private contractors. Some common issues lead to accidents, and they are as follows:
- Potholes: deep and big holes in the middle of the road lead to disbalance and cause many accidents.
- Uneven Surfaces: Cracks and uneven surfaces cause the driver to flip over.
- Poor lighting: Dark roads have increased risks of accidents as the driver can not see clearly.
- Improper Drainage: If the drainage is not properly done on the road, The flooded roads will cause the vehicles to hydroplane.
How To File A Claim For Poor Road Maintenance In Atascocita?
There are several steps in the process of filing a compensation claim; you need to know them in detail to do it properly. You can also get an expert’s help to do so. There are very strict deadlines for filing these types of claims, so it will be best for you to know them. In Texas, The victims have six months from the accident to file for a claim. These are the steps you need to do to file the claim in Texas.
- The notice needs to be filed within six months of the accident, and it should contain all the details about the accident, including the date, time, and place. You should also put the damages you have suffered in this notice.
- After filing the notice, you should focus on gathering the evidence supporting your claim. It can be video recordings or eye-witnesses. They will help you if your case goes to court, so do it promptly and properly.
- Documentation of your injuries and the damages will also help you a lot in the claim. They include medical bills, repair bills for your vehicle, and other documents.
- After filing the claim, wait for the response from the authorities. They will also investigate the incident using their sources. They can either approve the claim or deny it.
What Are The Challenges You May Face While Filing For The Claim?
Nothing is as easy as it seems in this world. There are some challenges you may have to face if you decide to sue the negligence of the authorities, as it may be interpreted that they knew about it and did not do anything about it. There are some specific challenges you may face while filing the claim.
The victim has to prove that the guilty party knew the poor conditions of the roads, and that is very difficult to obtain. The other party can also claim that the accident happened because of the negligence of the victim, and the state of Texas follows a modified comparative rule that states that if your negligence contributes to more than 50% of the accident, you will not be liable for the compensation.
Call An Attorney As Soon As possible!
An experienced attorney will be able to help you pursue this claim as they will be able to point out the negligence of the authorities in the poor maintenance of the roads. They will also be able to collect the evidence that supports your claims.