Defective Road Accidents Everything You Should Know
                     DEFECTIIVE  ROAD  
ACCIIDENTS
All Things You Should Know
Common Roadway Defects
Sometimes, though, it is difficult to determine whether a road 
hazard actually constitutes a  defective roadway or if there was 
simply a bump or piece of debris in your way. These are some of 
the most common roadway defects that may help you decide 
whether you should take legal action:
• Potholes
• Steep shoulder drop-offs
• Flawed design
• Debris that has not been removed in a timely manner
• Excessive gravel, oil, or other debris
• Overgrown shrubbery
• Malfunctioning or inadequate warning signals or signs
• Insufficient or inadequate notification of changes in the shoulder
• Failure to post warning signals or signs
• Poorly established construction zones
• Inadequate lighting
• Insufficient notification of roadwork
• Inadequate highway division, edge lines, or line stripping
• Poorly guided intersections
Who is Responsible for Defective Roadway 
TAhcec pidaretyn tress?ponsible for the defect in the roadway, or its 
maintenance, may be liable. It doesn’t matter if the defect was a 
minor pothole or a hazardous intersection with malfunctioning 
traffic signals. The parties typically involved include:
• Government agencies: There are a few different rules that come 
into play when filing against a government agency. However, 
you still have a right to demand compensation for a personal 
injury resulting from their failure to safely construct or maintain 
the roadways. 
• Private construction company: Occasionally, a private 
construction company will be contracted out for certain projects. 
If the defective roadway was a result of their inability to safely 
maintain that section of the road, they may be liable for 
personal injuries.
• Private businesses or individuals: Other times, a private 
landowner may be liable. This may stem from a defect in a 
private road or parking lot that was their neglected 
responsibility.
Filing a Car Accident Claim for Defective 
Roadways
It is not always clear what party is responsible for a defective 
roadway. Working with an experienced car accident attorney will 
help you discern the facts. 
It is vital that evidence is collected immediately. Too often, 
without an expedient investigation, the evidence ends up lost or 
destroyed. It may have been accidentally replaced or destroyed. 
Or perhaps the responsible party realized their mistake and 
corrected it. 
For that reason, collecting evidence for car accident cases early is 
important. Evidence for a defective roadway accident includes:
• The accident reports from the responding law enforcement that 
described the defective road conditions
• Photos from the accident that show the vehicle, personal 
injuries, and defective road conditions
• Maintenance reports from the responsible party
• Documentation for any roadwork that was ongoing at the time 
and place of the accident
• Original documentation of the roadway
• Previous complaints about the defective roadway
• Witness testimony
• Videos from onlookers or nearby traffic and surveillance 
cameras
• Weather conditions during the accident
• Accident reconstruction
If you or a loved has been injured in an accident caused by the 
defective roadways, you should discuss your legal options with 
an attorney as you may be entitled to compensation.
To get help contact us: www.habbaspilaw.com