Gilreath & Associates

Dec 5, 2014

By Staff Writer

While you may already know how to recoup damages from a vehicle accident where you’ve proven you’re not at fault, but what do you do if poor road conditions led to your accident?

For that matter, what kind of adverse road conditions can contribute to vehicle accidents? Since vehicle accidents caused by adverse road conditions have no clear fault by the driver, it means you can’t always rely on your insurance company to reimburse you for your medical or vehicle repair bills.

Below are some of the common adverse road conditions that can contribute to vehicle accidents, as well as suggestions as to how to approach these kinds of claims.

  1. Bad road surfaces Over time, road surfaces see a lot of wear and tear. This can be caused by continual usage by vehicles driving the same spots and are made worse by adverse weather conditions. When it’s warm, rain flows into any small grooves in the road’s surface and when it turns colder, this water freezes and expands, thus leading to cracks and potholes. Vehicles continuing to drive these surfaces only make the conditions worse and the cycle to continue. It can be very difficult for you to be compensated if you’re in an accident due to such conditions. This is because it can be difficult to prove that, for example, a large pothole caused you to crash. Moreover, dealing with the government is often complex. It is advisable to seek legal help from a qualified attorney.
  2. Soft shoulders or drop-offs As workers toil to repair inadequate roadways, there are often low or soft shoulders as they are paving. Vehicle accidents in such areas are possible because if you drift too far over, your tire can become stuck on the edge of the pavement or concrete, leading to you losing control. In most instances, this can lead you to overcorrecting and you’ll veer either into traffic or entirely off the roadway. Road construction crews should provide ample signage that you should expect a low shoulder. Failure to do so on their part—especially if you’re able to prove it with pictures — could help you win your case.
  3. Winter weather conditions While Tennessee typically sees relatively mild winter weather, there is still the potential for adverse winter weather—more so the closer to the Appalachian Mountains you get. As the temperatures get lower there is an increased chance of any water on the roadways freezing during the overnight, thus leading to black ice. You’ll have a hard time proving that anyone is at fault for a vehicle accident due to inclement weather. One situation where you might is if there is poor drainage in an area that leads to the formation of ice. In this case, your best bet is to hire an attorney to help you fight your case.
  4. Bad road designs There are instances where the overall design of a roadway can make driving unsafe (i.e. turn that are too sharp and narrow lanes) and can make it harder to avoid being in an accident. Tennessee’s mountains can make for very curvy roadways and typically will have ample signage to warn drivers as such. If road workers do not take care to make sure these signs are highly visible, it can contribute to accidents.

For more information about car accidents or to discuss your case, contact us to schedule a consultation or visit our blog and knowledge center.