Damage to My Car From Something In/On the Road
Hitting an object while driving can be shocking. One minute, you are enjoying a perfectly pleasant Sunday ride, only to find yourself dealing with a flat tire the next. If your car is in need of repair due to a pothole, jagged surface, or construction debris, the municipality where the accident occurred, or the state may be liable for property damage sustained. In this blog, our Lancaster car accident attorneys discuss what steps you should take if something on the road damages your vehicle.
What are Common Types of Road Defects or Debris?
When we travel, we come across various types of road defects and debris. The most common types in Lancaster include:
- Potholes
- Jagged surfaces
- Rutting (permanent depression in the surface of the road)
- Shredded tires
- Wet leaves
- Roadkill
- Nails, screws, and wood remnants from construction sites
- Snow and/or ice accumulation
Roadway Defects and Accidents
If you have been in an accident caused by road debris or defect, the government may be held liable for damage sustained to your car. A Lancaster car accident attorney can help you decide if responsibility lies with the municipality or with another entity. If your car was damaged due to a pothole, rutting, or ice accumulation on the road that is maintained by the state, then you can file a claim with the Pennsylvania Department of Transportation (PennDOT). To recover, you must demonstrate that the defect or debris was the primary cause of your accident.
To file a claim with PennDOT, you must detail the following related to the incident:
- The time, date, and location of the incident
- How the accident occurred
- The extent and description of property damage
- If you notified the police
- Any photos of the property damage or the scene of the incident
- If the accident involved any state-operated vehicles, provide the name of the driver, license plate number, and vehicle unit number
Will I Recover My Full Accident Claim in Lancaster?
If you were speeding, driving recklessly, or otherwise broke traffic laws, then you may only recover partially on your claim. After you report any type of roadway concern, the municipality is supposed to perform its due diligence in investigating the matter and remedying the issue. However, if you file a property damage claim, the government may attempt to pin you with partial fault so that they do not have to pay out fully on your claim.
The Commonwealth of Pennsylvania recognizes comparative negligence, which allows a plaintiff to recover as long as they are 50% or less at fault. Damages will be reduced in proportion to your liability. If you are more than 50% at fault, you will be barred from recovery.
Failing to properly maintain the road demonstrates negligence on the part of the state or municipality. In working with HGSK Injury Lawyers, we will gather relevant evidence to demonstrate the city’s or state’s liability to help you recover the compensation that is rightfully yours.
Car Damaged Due to Bad Roads? Contact Our Lancaster Car Accident Attorneys Today
If you have sustained vehicle damage due to poor road conditions or road debris, the legal team at HGSK Injury Lawyers is here to help. With over 400 years of combined experience helping accident victims in Central Pennsylvania, our Lancaster car accident lawyers are committed to helping you access the financial resources you need to succeed. To learn more or to schedule your free consultation, contact us online or by phone today.