Road Hazards
Accidents Caused By Road Hazards
Overview
West Virginia is known as “The Mountain State” because of its incredible views. Unfortunately, many views may also include road hazards that can lead to an accident.
Most people think of a car accident as a crash between two vehicles. However, car accidents caused by road hazards are also common and can lead to severe injuries and financial losses. For someone injured by a road hazard, there is also the matter of locating a responsible party to recover damages.
What Is A Road Hazard?
West Virginia’s unique topography and climate contribute to several typical road hazards that cause accidents:
- Mountainous terrain, such as sharp curves, blind corners, steep inclines/declines, sudden elevation changes, and unexpected dips
- Weather conditions, such as rapid weather changes, including sudden fog and heavy rain, icy roads in winter, especially on mountain passes, and poor visibility due to fog, particularly in mountainous areas
- Road conditions, such as potholes, uneven expansion joints, crumbling asphalt, especially on secondary roads, missing or obstructed signs, malfunctioning traffic lights, narrow lanes without proper shoulders or guardrails, and poor road maintenance in rural areas
- Design challenges, such as complex intersections with inadequate signage, badly designed roads, missing passing lanes on two-lane roads, and steep drop-offs alongside mountain roads
- Driver behavior, such as speeding, particularly on winding roads or in poor weather, distracted driving, including texting and phone use, and impaired driving under the influence of alcohol or drugs.
- Traffic patterns, including heavy commercial truck traffic on major routes like I-77, tourists unfamiliar with local road conditions, and commuter congestion on routes like WV Route 9
- Wildlife encounters, including deer crossings, especially at dawn and dusk, and other unexpected animal presences on rural roads
- Other obstacles include abandoned vehicles, road debris, agricultural vehicles, and fallen trees and rocks.
These hazards are particularly prevalent on notorious routes such as Interstate 77, U.S. Route 60 (Midland Trail), and West Virginia Route 2, which are known for their challenging driving conditions and higher accident rates. West Virginia drivers should remain alert and adjust their driving habits to accommodate the diverse and unpredictable road conditions, ensuring a safer journey, and avoiding an accident.
Car Accidents Caused By Road Hazards
Road hazards are especially dangerous when they’re not visible to the driver. The hazard may be made more dangerous in severe weather conditions, such as an occluded stop sign or a nonfunctional traffic light. They may be difficult to see until a driver is up close, and may not have time to avoid a collision. Sometimes the driver does not see the hazard until the accident impacts. Accidents such as:
- Tire blowouts
- Loss of vehicle control
- Rollovers
- Collisions with objects, animals, or other vehicles
Are commonly caused by road hazards.
Liability In Road Hazard Accidents
In West Virginia, liability for road hazard accidents can be complex and depends on various factors:
Responsible Parties
West Virginia Division of Highways (DOH)
The DOH, part of the West Virginia Department of Transportation, is responsible for maintaining over 35,000 miles of state roads and highways 1. They can be held liable for accidents caused by:
- Faulty road design (e.g., missing guardrails, poor drainage)
- Insufficient maintenance (e.g., potholes, cracked asphalt)
- Failure to warn (e.g., missing or damaged signage)
Local Authorities
Within city limits, local authorities are responsible for road maintenance. For example, in Charleston, the city’s Street Department handles potholes and other road hazards1.
Other Parties
In some cases, contractors, vehicle manufacturers, or other drivers may be liable, depending on the specific circumstances of the accident.
Establishing Liability
To hold the DOH or other entities responsible, the injured party must demonstrate that:
- The road conditions caused the accident
- The responsible entity knew or should have known about the hazard
- They failed to take corrective action
Filing a Claim
If you believe the DOH is responsible for your accident:
- Gather necessary information (date, time, location, vehicle details, evidence of damages)
- Complete the Vehicle/Property Damage Claim Form from the West Virginia Legislative Claims Commission
- Submit the form and supporting documents to the commission
It’s important to file quickly, as there are shorter time frames for claims against government entities.
Comparative Negligence
West Virginia follows a modified comparative negligence rule. You can file a claim if you were less than 51% responsible for the accident. However, your compensation will be reduced by your percentage of fault.
Challenges
Proving liability in road hazard cases can be difficult. The DOH may argue that they were unaware of the hazard or that the driver was primarily at fault. An experienced attorney can help gather evidence, such as road maintenance records or accident reconstruction reports, to support your claim.
Each case is unique, and the specific circumstances of your case will determine liability. If you’ve been involved in a road hazard accident, it’s advisable to consult with The Love Law Firm to understand your rights and options in your case.
THE LOVE LAW FIRM CAN HELP
Attorney Chad Love has been representing West Virginia accident victims for more than 23 years. Our contingency fee arrangements mean that you’ll only owe a fee when we win your case.
Need help after a car accident? Call The Love Law Firm today at (304) 344-5683, or send us a message online.
Phone:
(304) 344-5683
