Road Hazard Accidents
Road hazards can take many forms – potholes, debris, tree limbs, and so on – but have one thing in common. They all have the potential to cause a serious or even fatal road hazard accident. If you or a loved one has been involved in a crash caused by a road hazard, the experienced Pembroke Pines car accident lawyers at Cohn & Smith can advocate for your right to seek compensation from the responsible party in settlement negotiations or at trial. We understand the strategies that insurance companies and defendants may use, and we are ready to craft a persuasive case on your behalf.Seeking Compensation for Injuries Caused by a Road Hazard Accident
Accidents caused by road hazards often result in negligence claims. The basic premise behind negligence law is that a person or entity that does not conduct itself in a reasonably prudent manner should be liable for any harm resulting from that lack of care. There are four elements that must be satisfied in a negligence lawsuit. The plaintiff (the party bringing the lawsuit) must show that the defendant had a legal duty of care, that the defendant breached this duty, that the plaintiff’s injuries were caused by the defendant’s breach of duty, and that the plaintiff sustained damages that are reasonably quantifiable. The plaintiff must prove each element by a preponderance of the evidence.
It is important that a person who has been hurt in an accident caused by a road hazard retain counsel as soon as possible. A knowledgeable injury attorney can investigate the case with the plaintiff’s best interests in mind and make sure that all procedural requirements, such as the statute of limitations, are met in a timely fashion.
An attorney who regularly handles car accident lawsuits can also assist an injured person in pursuing an uninsured or underinsured motorist liability insurance coverage claim against his or her insurance company if the person who caused the accident cannot be located. While people often assume that UM/UIM cases are “friendly” because in theory the insured and the insurance company are on the same side, this is not usually the case. Instead, these cases are often contested, especially when the insured has more than the minimum policy limits. The UM/UIM carrier typically stands in the shoes of the missing or underinsured motorist and defends the case just as that person would have, so the process is often highly adversarial.
There are several types of damages that may be available to a person and possibly his or her spouse after a road hazard accident. These include the payment of past and future medical expenses, lost wages, pain and suffering, property damage, and loss of consortium. In wrongful death cases, a deceased person’s relatives may be able to recover funeral and burial costs, medical expenses, loss of consortium, and lost net earnings to the estate. Proving the appropriate types and amounts of damages in a certain case usually involves testimony from expert witnesses, such as physicians and rehabilitation professionals.Consult a Pembroke Pines Lawyer for a Car Accident Case
Road hazards like falling cargo, construction zone materials, or other dangerous and unexpected objects can cause devastating and even fatal accidents. If you or someone close to you has suffered injuries or a tragic death because of a road hazard accident, you owe it to yourself and your family to talk to a motor vehicle collision lawyer about pursuing compensation for what you have been through. The Pembroke Pines attorneys at Cohn & Smith offer a free consultation to discuss your case. Call us at 954-431-8100 or contact us online to set up your appointment. We also represent injured individuals in Fort Lauderdale, Hollywood, Davie, Weston, Sunrise, Tamarac, Coral Springs, Aventura, Pompano Beach, and cities throughout North Dade County.