Dangerous Roadways
How Hazardous Roads Are Impacting Truck Collisions
Knowing and following the rules of the road can prevent many accidents between cars and and trucks. Sometimes, however, the road itself is the problem. Dangerous roadways are contributing factors in many truck accidents each year. Even when drivers are cautious and conscientious, dangerous roadways can make it impossible to avoid potentially life-threatening or even lethal truck accidents.
Who Is Liable for Phoenix Truck Accidents Involving Dangerous Roadways?
The question of liability is an important one for victims injured in trucking accidents involving dangerous roadways. In some cases, a court may decide that the truck driver is at fault because he or she ought to have been aware of the dangerous conditions and taken precautions. A court might determine, for instance, that the driver should have known that a particular stretch of highway was dangerous or that construction was taking place in a specific area. In other cases, though, the body in charge of maintaining and constructing roads may be held accountable. There must be strong evidence that the dangerous roadway caused or directly contributed to the accident.
What Is Considered a Dangerous Roadway?
When the city, county or state authorities responsible for ensuring that roads and highways are safe neglect to perform their duties adequately, dangerous roadways are often the result. Dangerous roadways can be caused by a faulty design, inadequate or inappropriate signage or by insufficient road maintenance. Design flaws that can result in an unsafe roadway include merging lanes that are too short, improper lane widths and sharp curves. Obstructed signage, poor warning signs in construction zones, and defective signs and signals can all render roads unsafe. Large potholes and debris lying on roadways may also be factors in dangerous roadway cases.
Frequently Asked Questions
How do truck accident cases differ from car accident cases?
There are important differences in how these cases are addressed legally. Commercial trucking is regulated by the Federal Motor Carrier Safety Administration (FMCSA) and the National Highway Traffic Safety Administration (NHTSA). Trucking companies and commercial drivers alike are required to comply with many federal regulations that do not apply to an average driver. In order to successfully handle Phoenix truck accident cases, an attorney must be well-versed in this specific body of law.
Another difference is that truck accident cases are typically more complicated with regard to liability. Potentially liable parties in a truck accident case may include the driver, the trucking company, the truck manufacturer, a parts manufacturer, or a company that repaired or performed maintenance on the truck or trailer.
What should I do if the insurance company makes me an offer after a truck accident?
If the accident was the result of a truck driver or trucking company negligence, you may think you will certainly receive an offer from the insurance company, but many times the insurance adjuster will surprise you and will make no offer at all or a very minimal offer or will deny liability completely even though they know their driver was negligent. In all probability, they will make you a lowball offer, relying on your vulnerability and lack of legal knowledge. This is an effort to reduce the cost of the insurance settlement, and is definitely not in your best interests. You will be asked to sign a settlement release that falls far short of the compensation you are actually entitled to receive. They might even tell you that the offer is only open for a limited time, and you may feel pressured to accept – particularly if your injuries make it impossible to work and earn a living.
In this situation, it is imperative that you speak with our truck accident lawyer as soon as possible after the accident. If the insurance company asks you to make a statement, you are entitled to refuse, and to seek legal counsel in the matter.
How many big rigs are involved in traffic accidents in the U.S.?
According to the Insurance Information Institute (III), big rigs account for only 4% of all registered vehicles. However, according to recent accident data, large trucks accounted for 9% of all vehicles involved in fatal accidents (and 3% of all vehicles involved in injury and property damage accidents). To put those percentages in more tangible terms, the National Highway Traffic Safety Administration (NHTSA) reported that 4,067 people were killed in commercial truck accidents in the U.S. in 2015.
Need legal help after a truck accident in Phoenix?
Never accept a settlement offer from an insurance company without first speaking with a Phoenix attorney who has a long history of successfully resolving truck accident cases. The Husband & Wife Law Team can investigate your accident, collect and preserve the evidence to support your case, and skillfully negotiate with the insurance company on your behalf. You can trust us to help you pursue the maximum possible in your case. Call us today.
The Complexities of Phoenix Dangerous Roadway Cases
Dangerous roadway cases can be complicated and difficult to win. It can also be difficult to know whether the driver or the people responsible for the roads should be held accountable. Anyone involved in a trucking accident that occurred on a poorly maintained or improperly designed road should enlist help from a legal representative with experience handling these complex types of cases.
The Phoenix accident attorneys at The Husband & Wife Law Team have the tools, experience, and knowledge of the law to conduct investigations into whether an improperly maintained road contributed to your crash. We focus exclusively on wrongful death and catastrophic injury cases. Potential claimants are invited to contact us for answers to their truck crash questions so they can decide the best course to proceed with the case. For further assistance feel free to contact us for a FREE case evaluation.