Anyone who drives in Atlanta knows that we have some of the most dangerous roads in the country. I-285 continues to make national lists, and many of our other roads are old and need repair. If you or a loved one has been injured in an accident and are not quite sure how it happened, it may be the fault of dangerous road conditions.
The Washington Post reported that half of all fatal accidents involved poorly designed and maintained roads. That’s a scary statistic. Trying to get a municipality or government entity to pay for your injuries is exceedingly difficult.
If you or a loved one has been injured in such an accident, you need an experienced Dangerous Road Condition Accident & Injury Lawyer. As one of Atlanta’s largest and most well established personal injury law firms, we drive the same roads you do every day. Give our Dangerous Road Condition Accident & Injury Lawyers at John Foy & Associates a call at 404-400-4000 for a free consultation.
What are the different types of dangerous road conditions that cause car accidents in Atlanta?
There are many different types of dangerous conditions that cause car accidents in Atlanta.
- Defective designs—This includes outdated entrance and exit ramps onto highways; dangerous curves, slopes and dips; poor signage; missing guardrails; poor lighting; even misplaced utility poles and dangerously placed trees. In fact, the Insurance Institute for Highway Safety says that 50% of single car fatal crashes involve hitting a tree and 13% involve hitting a utility pole.
- Shoddy construction—Sometimes a building contractor uses substandard materials or doesn’t follow the code precisely.
- Poor maintenance and upkeep—This is a failure to repair potholes, guardrails, lights and other items or wear and tear.
- Changing demands—Drivers and pedestrians change their patterns of road use and the municipality fails to keep up with the demands.
What should I do if I or a loved one was involved in a car accident due to dangerous road conditions in Atlanta?
If you or a loved one has been involved in a car accident due to dangerous road conditions, get as much information as you can about the incident. Take photographs of the road. Take down the name and telephone number of any witnesses. Often these are single-car accidents, make sure you and any passengers get the proper medical care. And make a police report.
Call a personal injury attorney before you make any taped conversation with your insurance company. DO NOT get your car repaired before our dangerous road conditions experts have a chance to inspect your vehicle to best recreate the accident.
Call our Dangerous Road Conditions Attorneys at John Foy & Associates at 404-400-4000 to get started.
Who is legally liable for accidents caused by dangerous road conditions?
Government entities have an obligation to build and maintain safe roads, says our firm founder, John Foy. These entities are legally liable for accidents caused by dangerous road conditions. However, government entities are formidable opponents in the courtroom, declaring “Government Immunities” and employing staff attorneys who can fight a case longer than most independent personal injury attorneys.
Fortunately, John Foy & Associates is a large, well-established personal injury firm with ample resources. We can match the government’s tenacity in trying these types of complex cases.
What are Government Immunities?
Government Immunities mean that the government is immune or exempt from being sued for damages unless that government entity agrees to be sued. This is under the old premise that “the King can do no harm.” At its best, it allows the government to go about its business without interference from lawsuits.
But some Georgia municipalities carry insurance for this very reason, says our firm founder John Foy. “Let an experienced attorney sift through the facts of your case,’’ he urges.
What if I was partially at fault? Do I still have a case?
“In an accident, it’s normal to blame yourself,’’ says John Foy. Most of us want to take responsibility for most of what happens to us. But it might not be your fault. Let our seasoned staff review your accident before you admit fault to anyone.
In Georgia, says our firm founder Foy, someone who is partially responsible for an accident can still make a claim. Any settlement is then reduced by the percentage of responsibility. For example, if the court finds that you are 10 percent responsible for an injury, your recovery will be reduced by 10 percent.
Is there a time limit to file a claim for a dangerous road condition accident?
In Georgia, the statute of limitations, or time period allowed to file a claim, is generally two years. However, there are shorter exceptions, especially among municipal entities called ante litem requirements. These notice requirements are either 6 months or one year only, so don’t delay. We urge you to contact a personal injury attorney as quickly as possible.
What type of compensation can I expect to recover if I was involved in a dangerous road condition automobile accident and sustained injuries?
In any personal injury case, you can expect to recover compensation for any necessary medical costs, including future expenses, resulting from the accident. You can also expect to recover reimbursement for time lost at work due to the accident, as well as general pain and suffering.
Are these types of cases complex?
These cases are very complex and often difficult to try. First, we have to prove that the government entity knew about the flaw and chose not to repair it. And it’s very difficult to prove that the road itself was the reason for an accident. Fortunately, we have experienced investigators and specialists who can recreate the accident. We’ve been helping people who have been injured in car accidents for more than 20 years.
What are some examples of conditions that create dangerous roads and highways in Atlanta, GA?
There are many different examples of road conditions that create dangerous conditions in Atlanta. Some are coupled with our rainy weather. For example, hydroplaning or losing traction on a pool of water results from poorly drained roads. Other conditions include:
- Lack of guardrails to prevent crashing off the side of a road
- Poor signage, especially around pedestrians
- Poorly placed utility poles
- Unsafe curves or defective banking around curves
- Poorly maintained rural roads
- And rural roads that do not have median dividers
How much does it cost to retain your firm for my case?
In any personal injury claim, no attorney should charge you ANYTHING to retain a firm. Our fees are only determined after a settlement and then it’s a percentage of the recovery. In the rare case of no settlement, the firm is expected to absorb all costs. That means no cost to you if there is no settlement. It’s important to retain an ethical and well-established law firm like John Foy & Associates. We have the resources to take as long as necessary with a case, and we have almost 20 attorneys and 70 investigators, paralegals and support staff who can work your case.
How can a dangerous road condition accident & injury lawyer help me?
In a dangerous road condition accident and injury case, your opponent is a municipality with its own attorneys who have only one goal—protecting that municipality’s money. They can claim Government Immunities and use any number of legal protections awarded public institutions. These are not easy cases to win. That’s why it’s important to have an experienced dangerous road condition accident & injury attorney at your side, protecting YOUR interests.
You have one chance to recover from your accident. Don’t risk it. Give a call to John Foy & Associates at 404-400-4000 for a free consultation. Our phone line is staffed every day of the year, 24 hours a day.