What if my Accident Was Caused by Poor Road Conditions or Construction Zones?
Kansas has roughly 2 million licensed drivers. These motorists travel on the state’s roadways to go to work, run errands, and visit friends and family.
While the state’s highways are ranked among the best in the country, the roads are still susceptible to damage that can affect drivers and their vehicles. Maybe you hit a pothole, lost control, and crashed. Or perhaps you were in a construction zone with poor signage when you hit a construction vehicle.
These types of car accidents can be complicated to handle because they involve contractors and government entities, which have different procedures and deadlines involved. In Kansas, you can sue the government for negligence if its failure to maintain roads or properly manage construction zones caused your accident. If the accident was caused by a construction contractor's negligence, they could also be liable.
After being involved in these types of accidents, your first step should be to contact a lawyer. When the claim involves complex legal issues, government entities, and large road construction companies, you need a personal injury lawyer who has the resources, skills, and knowledge necessary to help you get the best possible result. Here’s what else you need to do.
Document the Accident Scene
Take photos of the accident scene, including the road conditions (such as potholes and missing signs), damage to your vehicle, and any injuries. Note the date, time, location, weather conditions, and any other relevant details. If there were any witnesses, get their names and contact information.
See a Doctor
You will need evidence of all your damages. See a doctor to get checked for any hidden injuries. You will also need medical records to back up your claim.
File a Claim With the Appropriate Agency
In some cases, the Kansas Department of Transportation (KDOT) may be liable for your accident. If not, then you will need to locate the appropriate agency. To hold KDOT liable, you will need to show that KDOT was negligent in maintaining the roadway, or that the damage you sustained was caused by a direct action or inaction by a KDOT employee. However, KDOT is not responsible for failing to make a repair that was not known to its staff.
In order for KDOT to pay a damage claim, the damage must have occurred on a road that is part of the state highway system and maintained by KDOT. In addition, the agency is only able to pay damages to the titled owner of a vehicle.
Contact a Salina Personal Injury Attorney
It can be frustrating when a car accident occurs due to poor road conditions. Generally, the process is different because you want to hold an entity liable for your damages, not an individual.
Having someone who is knowledgeable handling the hard work of your case will ease the burden for you. The Salina car accident attorneys at Neustrom & Associates can handle all the processes involved so you get fair recovery. To schedule a consultation, give us a call at (785) 825-1505.