Albuquerque Truck Accidents Caused by Road Hazards
When people are on the road, they need to stay alert for any hazards. If a driver fails to anticipate a potential danger, he or she will need to react quickly by swerving or braking suddenly to avoid it. This can cause someone to collide with another vehicle or with pedestrians. The car crash attorneys at Parnall Law Firm, LLC represent individuals near Albuquerque who were injured as a result of road hazards. We can help you pursue a claim for damages against a driver or other party responsible for your harm. Contact our office to learn how we can assist you.
A road hazard is an object, debris, or any other condition that could pose a danger to those on the highway and potentially cause an accident. Drivers need to be aware of scenarios and circumstances that could signal a potential risk. These include:
- Falling objects from a truck or other vehicle
- Construction zones or work areas
- Poor road construction
- Stationary school buses
Drivers should always remain alert about their surroundings, but they should be particularly careful in conditions that indicate possible road hazards. While even the most alert person can cause a crash in some dangerous situations, many of these accidents are caused by distracted or inattentive driving.
Hold Negligent Truck Drivers Liable for Compensation
A car crash victim in New Mexico can seek compensation for his or her injuries by proving that someone else’s carelessness caused the collision. Possible defendants in a road hazard accident include the driver, the construction company, or even the city responsible for maintaining the highway.
A defendant may be held liable for injuries that result from its negligence. This is the failure to use ordinary care to prevent foreseeable risks of harm to others. To be negligent, a defendant must have a duty to use care, breach or fail to exercise this duty, and cause injuries and quantifiable damages as a result. For example, New Mexico residents have to drive with care. If a driver fails to do this by breaking a traffic rule or failing to take road hazards into account, he or she may be held accountable for any resulting injuries.
Similarly, a construction company has a duty to use the care that a similarly situated entity would use to mark work zones. This is because workers on the site pose a foreseeable risk to motorists. If a construction company fails to adequately section off the area or alert drivers of the presence of its crew, it may be liable for injuries if an accident ensues.
In some cases, a city or municipality may be responsible for a road hazard. If the situation is the result of the local government’s failure to maintain the highway, it may be held accountable for any accidental injuries. Cities and municipalities often contract private or independent contractors to install, repair, and maintain roads. You may have a claim against the city or municipality, as well as the contractor, but you would need to show that the city or municipality is vicariously liable for the contractor’s poor work.
Comparative Fault and Damages
Road hazard car crashes are sometimes caused by the negligence of more than one party. The defendant in your case may allege that your own carelessness contributed to your injuries. Under New Mexico law, you may still recover damages to the extent of the defendant’s negligence as long as your behavior did not fully cause your harm.
If you prove liability, you may recover compensation from the defendant, which could include reimbursement for medical care, property damage, lost income, and pain and suffering. You must file a New Mexico injury claim within three years from the date the accident occurred.
Albuquerque Attorneys Skilled in Truck Accident Cases
At Parnall Law Firm, LLC, our dedicated team of auto and truck accident lawyers is prepared to help Albuquerque victims pursue injury claims against any parties responsible for your harm. We can determine which parties may be held responsible for collisions caused by road hazards. You can depend on our legal acumen and commitment to client service to help you seek a favorable outcome in your case. Call us at 505-268-6500 or contact us online for a free consultation.