Las Vegas Hazardous Roadways Attorney

What Is a Hazardous Roadway?

In legal terms, a hazardous roadway is any roadway that poses a hazard due to deterioration, erosion, has become buckled due to environmental factors, or other issues that pose an unreasonable risk to drivers, passengers, motorcyclists, and even pedestrians.

Other examples of hazardous roadway can include:

• A lack of proper signage.
• A lack of proper guard rails.
• Inadequate or lacking lighting.

Common Factors That Make a Road Dangerous

Just because a road may look reasonably safe, that doesn’t mean it always is. As data concerning car crash statistics and roadway defects continue to be more comprehensive, there are emerging themes about the different types of common factors that make a road dangerous.

Here are some common factors you’ve likely encountered as well.

• Obstruction: Hazardous roadways can also exist when there are obstructions on the road, including debris, vehicle parts, or other objects that have not been properly cleared. Obstructions will typically arise when roadways are not properly maintained by governing bodies.
• Roadway defects: These include things like potholes, crumbling pavement, and loose building material on roadways and sidewalks. In extreme cases, these types of roadway defects can lead to partial road collapse over time.
• Poor road design: Sometimes, roads are designed with features like steep curves that don’t allow for proper braking, inadequate shoulders, or intersections that are simply confusing.
• Missing safety features: Some roadway hazards come from missing road safety features, like guardrails, adequate signage, and shoulders for safety stops.
• Surface conditions: The way a road is designed can also impact surface conditions, especially when there are environmental factors at play. For example, standing water, oil buildup, ice, and snow can magnify the possibility of harm for drivers, if there are inadequate road surfaces.

Types of Crashes Caused by Hazardous Roadways

Hazardous roadway conditions increase the chances that motorists and passengers will be involved in a vehicle accident. Unfortunately, the type of collisions that result from hazardous roadways tend to be more significant because these crashes may involve partially collapsed roads, absent guardrails, inadequate shoulders for safe turns or stops, and other hazardous roadway features that increase your chances of a serious injury.

Some common types of crashes that are caused by hazardous roadways include:

• Roadway departure accidents: This is when a vehicle leaves the intended travel lane because the surface of the road is poorly designed, or there is a lack of proper barriers, such as guardrails.
• Rollover crashes: This often happens when a driver’s vehicle loses control while turning around on a soft shoulder, driving on an uneven surface, or failing to stop because of missing guard rails.
• Head-on collisions: In areas with poor signage, confusing intersections, or inadequate passing zones, head-on collisions may be more likely to occur.
• Rear-end collisions: These accidents will typically happen when there are sudden stops that take place because of unexpected roadway hazards.
• Skidding accidents: These accidents are common when roadway conditions are icy or slippery or when there is a loose surface, such as gravel or unfinished roadways.
• Single vehicle accidents: When drivers lose control over their vehicle because of road defects, they can often find themselves involved in a single vehicle accident.

Support For Tourists And Visitors After A Crash

Injured while visiting Las Vegas? Travel should not make recovery more complicated. We help tourists navigate insurance claims, rental car issues, and out-of-state medical documentation. From the first call to the final settlement, our team provides full-service support and keeps you informed every step of the way. You do not have to return to Las Vegas to get a fair handling of your case.

Types of Injuries From Hazardous Roadway Accidents

The types of injuries that can result from hazardous roadway accidents can vary, and undoubtedly the more serious your accident, the more serious your injuries may be.

Some of the common types of injuries that result from hazardous roadway condition accidents include:

• Traumatic brain injuries from high impact collisions or rollovers.
• Whiplash.
• Spinal cord injuries that result in permanent paralysis.
• Broken bones and fractures.
• Internal organ damage.
• Severe lacerations because of shattered glass or debris.
• In extreme cases, wrongful death of a loved one.

In accidents involving commercial vehicles, like semi-trucks carrying hazardous materials, the severity of injuries sustained can be magnified.

Who Is Liable for Injuries Caused by a Hazardous Roadway in Las Vegas?

Liability for injuries caused by a hazardous roadway condition depends on a couple of factors, but generally, the state can typically be held liable because they are the governing body.

The Nevada Department of Transportation has a duty to maintain highway safety after the landmark case Andolino v. State. However, it’s also important to understand that liability depends on whether the accident resulted from an operational act, meaning the Nevada Department of Transportation failed to maintain a roadway that was operational.

Generally, liability for a car accident that was the result of a hazardous roadway condition can fall on:

• The Nevada Department of Transportation, if the accident happened on state highways or interstates.
• Clark County for accidents that happened on county roads.
• The City of Las Vegas or other municipalities, if the accident happened on a city street.

Proving Government Negligence in Hazardous Roadway Cases

In order to hold a government entity liable for a hazardous roadway accident, you must be able to prove that the responsible agency knew about the dangerous condition or should have known about it but failed to take action.

Elements of proving this includes:

• Showing that the roadway was in a hazardous condition.
• Proving that the government entity knew or should have known about the hazard.
• There was a reasonable amount of time that passed without the hazard being addressed.
• The hazardous condition is what caused your accident that resulted in injuries.

It’s important to understand that there are still elements of governmental immunity that may be at play, and an experienced hazardous roadway condition personal injury attorney can help you better understand the options available to you.

What Compensation Is Available to Victims of Hazardous Roadway Accidents?

Victims of hazardous roadway accidents can recover compensation, though there are generally caps on damages in claims against government entities. Overall, the victims can recover damages including:

• Past and future medical expenses.
• Lost wages and loss of earning capacity.
• Pain and suffering.
• Disability or disfigurement.
• Loss of consortium for spouses.
• Wrongful death damages for surviving family members.

What Evidence Is Needed for a Hazardous Roadway Accident Claim?

It’s important to build a strong case if you are going to pursue a hazardous roadway condition claim after an accident. Some of the ways you can support your claim include essential pieces of evidence, such as:

• Photographs and videos of the hazardous condition.
• Accident reports, like a police report from responding officers.
• Witness statements from individuals who saw the accident.
• Maintenance records of the roadway where the accident occurred.
• Prior complaints.
• Expert testimony.
• Medical records detailing your injuries.

How Adam S. Kutner Helps Hazardous Roadway Accident Victims

At Adam S. Kutner, Injury Attorneys, our team of hazardous road accident attorneys have helped represent countless victims like you who’ve suffered because of hazardous roadways.

With over three decades of experience, our team brings expert knowledge, dedicated attention, and tactical best practices to help you recover the full compensation you may be entitled to.

Our Las Vegas hazardous roadway attorneys have handled countless personal injury cases involving hazardous roadways, and our team is ready to fight for you.

Get in touch today to schedule your free case evaluation and learn more about your legal rights and options, your next steps, and how to hold liable parties accountable for actions that have resulted in your injury.

Schedule a free consultation with a hazardous roadway lawyer today.

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