The Houston, TX area is no stranger to car accidents. While defensive driving is a crucial skill, some accidents can’t be avoided. With an auto accident attorney, you can protect yourself and ensure that you’re able to build the best possible case rather than agreeing to a settlement that may not be in your best interest. At Abraham, Watkins, Nichols, Agosto, Aziz & Stogner, we would be happy to help you better understand every step of this process during your consultation.
My Car Accident Was Caused by Bad Road Maintenance: Can I Get Compensation?
Bad Roadway Conditions in Houston, TX
Not every road in the Houston, TX, area is well-maintained. If your car has suffered damage due to roads that haven’t been cared for properly, or if a road issue led to your car accident, you may be wondering whether you could qualify for compensation. Before you try to sue the city on your own or call around for answers, a professional auto accident attorney from our practice can help you better understand your options.
While motorists are often put in the position of having to trust that the upkeep of their roads is up to standard, the truth is that neglected upkeep can lead to many different and dangerous hazards for motorists and pedestrians alike. To complicate matters, many roads in Texas are not maintained by the Texas Department of Transportation due to being off-system. Off-system roads are the responsibility of local governments, which can vary widely in their infrastructure policies, priorities, and budgets.
Hazards That Could Qualify for Compensation
There are a range of street conditions that can make driving hazardous. Some of these conditions, or a combination of them, may help qualify you for compensation. Compensation may partly depend on the severity of the hazards and where your accident occurred.
Common hazardous conditions can include:
- Breaks and cracks
- Construction debris
- Faulty or broken guardrails
- Icy overpasses or bridges
- Lack of reflective paint
- Misplaced gravel
- Missing or inaccurate street signs
- Narrow shoulders or roads
- Substandard road design
- Obstructive vegetation
- Poor drainage
- Potholes
Hazards That May Not Qualify for Compensation
There are some roadway conditions that the state may not claim any liability for. These conditions can include the following:
- Cars parked legally
- Pavement with minor irregularities
- Road issues from buried water mains
- Roadway barrel signs
- Issues on school property
That said, regardless of the roadway hazard that caused your accident, we are ready to consult with you. We want to give you the best shot at the fair compensation you deserve. We can talk about the location of the accident and which hazards contributed to it; then we’ll be able to give you a better idea of what you can expect in your unique situation.
Ways To Strengthen Your Case
Something that can help strengthen your case is if you’re able to prove that the government should have foreseen the risky conditions you were forced to deal with. For instance, if the authorities were already warned about the roadway conditions, if previous complaints were voiced about it, or if you had no way of preparing for the hazard, these factors can all play a role in your case.
When you team up with us, we’ll be hard at work behind the scenes making sure we do everything possible to strengthen your case. Proving that the state’s neglect of a roadway caused your accident can be very challenging when faced alone. This is especially true when you’re dealing with insurance companies that don’t always have your best interest in mind, all while dealing with the financial and emotional stress of car damage or an injury.
Would My Case Benefit From an Auto Accident Attorney?
1. Get the Right Information
Trying to get compensation from the state can be a complex and painstakingly slow process if you don’t have a tireless team backing you up. When roads fall into disrepair, innocent motorists shouldn’t have to carry that responsibility or pay the price for it.
That said, it’s frustratingly difficult for the average motorist to know who exactly was responsible for the road they suffered an accident on. Getting that information can be tough, and proving that you deserve compensation can be even tougher. Acting fast with a skilled attorney will ensure all the right papers are filed in a timely manner before you miss your window of opportunity.
2. Complete Thorough Documentation
The amount of paperwork necessary to file for a claim can be exhausting and overwhelming, and it’s crucial that the paperwork is filed correctly.
We will be able to tell you what we need from you, which may include photographs of your injuries and a clear explanation of where and how the accident happened. Once we have the information we need, we’ll be able to take the reins. We will help you make sure your paperwork is finished and gets passed off to the right hands.
3. Deal With Tricky Insurance Situations
Sometimes the settlement you’re offered by insurance is less than what you’ll need for your medical bills or car repairs. Many motorists have felt cornered into settling without knowing that there could be better options. We will fight for the compensation you need. Not only that, but we have the experience required to call insurance companies on their bluffs, including techniques they could try to use to weaken your claim.
Things To Watch Out For
An example of a tricky insurance situation is if your insurance tries to make you wait to seek out medical treatment. Sometimes an insurance company will claim they need more information before they’ll be willing to cover your treatment.
However, the insurance may then use this delay as an excuse not to cover your treatment at all. They could try to claim that since you didn’t seek out medical help right away, your injury couldn’t have been so bad. We can help you keep a lookout for these situations so you can avoid being taken advantage of.
4. Have a Good Spokesperson
If you’ve ever had to deal with insurance companies by yourself, you are probably familiar with how frustrating it can be to communicate with them. You may be passed off from person to person, put on a seemingly endless hold, or your attempts to reach out could go unanswered for an unreasonable amount of time. Even getting the documentation you need from your insurance can be a hassle in and of itself.
When you team up with us, we will make sure you stay updated on how your case is going. We will be both polite and persistent as we work with the insurance companies. We will also keep them accountable when it comes to providing the proper documentation in a timely manner.
5. Get Quality Court Representation
If your insurance is being unresponsive or you have come across roadblocks with the opposing party, we can help you make the choice about taking your case to trial. Your case may not require that you go to court, but in case it does, you want to have high-quality and experienced representation.
There is a lot to keep track of when you’re trying to get compensation after an accident. Your energy should be spent recovering, not worrying about all the little details. Contact our team at Abraham, Watkins, Nichols, Agosto, Aziz & Stogner today, and we can help you get started with a free initial consultation.