If you’ve been injured in a motor vehicle accident while traveling on a roadway, then you may have a right of action for damages under Alabama law.
Motor vehicle accident disputes do not always proceed in an obvious manner, however — if you were injured due to poor roadway conditions (such as a lack of visibility), then you may have a right to sue and recover damages from the entity responsible for building/maintaining the roadway. Property owners have a responsibility to exercise reasonable care so as not to expose others to an excessive and foreseeable risk of harm.
Let’s explore some of the factors that contribute to poor roadway visibility, and that may give rise to a lawsuit against the party responsible for the roadway.
Upward and downward elevation changes in the roadway can lead to significant visibility impairment. If a driver is traveling down a hill road with sudden changes in elevation, for example, then they might not be able to see “over” the hump, thus preventing them from anticipating an accident with upward traffic.
Blind turns pose a genuine risk of harm to drivers, no matter how well-prepared and cautious the driver. For example, suppose that a turn is so sharp that a driver cannot actually see incoming traffic coming around the bend — under such circumstances, visibility is sufficiently poor that it could contribute to an accident if one of the drivers (making the turn) does not exercise proper caution.
Physical obstructions are unfortunately common and can easily create a situation of impaired visibility for drivers. When there is a physical obstruction of a roadway’s visibility, such as a tree branch sticking out into the road, then blame can be placed at the feet of the individual or entity responsible for the physical obstruction itself. For example, if a tree from an adjacent residential property is obstructing a roadway, and you suffer injuries in a car accident as a result of said obstruction, then you could potentially bring an action against the property owner for failing to correct the hazard.
Proper lighting is critically important to ensuring that a roadway is safe to use during evening hours. Though headlights can provide some semblance of visibility in low-light situations, the use of headlights exclusively can lead to situations in which drivers are not able to see “far enough” ahead and anticipate accidents and avoid them well in advance of a collision.
Here at Cross & Smith, our attorneys have extensive experience representing injured plaintiffs in a variety of personal injury disputes, including those involving motor vehicle and pedestrian accidents.
We are well-acquainted with complex personal injury disputes and understand that many cases can develop in unexpected ways — certainly, roadway hazards can give rise to litigation against the entity responsible for building and maintaining the roadway at-issue. Over the years, we have developed the key insights necessary to identify all relevant defendants and pursue a lawsuit against said defendants.
If you’d like to learn more about your claims and how we can help, call 205-391-0618 or send us a message online to schedule a free and confidential consultation with an experienced Tuscaloosa injury attorney at our firm today.
"We realize there are many options for representation out there, and we talked with several of the “big names” before finding Cross and Smith. With the others, it felt like we were being bullied, in a tank with hungry sharks. We are still receiving junk mail from some. We are SO thankful we were referred to Justin Smith (Cross and Smith) for our accident claim. He and his team were absolutely amazing."
Posted By: Jamie Wyatt