New York Highway Defect Lawyer
The government has an important duty to the public to adequately maintain and improve roads. If a road is missing a crucial safety feature or has a considerable hazard that hasn’t been repaired, the government’s lack of action in fixing these concerns may cause serious auto accidents. If a person is injured because of a government agency’s terrible act of negligence, the injured individual may be eligible to pursue financial compensation for the cost of his or her medical bills, lost wages, and other damages.
An injury on the road may leave you and your household with a substantial financial burden due to the expensive medical treatments and out-of-pocket costs. However, these and other expenses, both economic and non-economic, may be the responsibility of the municipality at fault for the car accident. At Hach & Rose, LLP we have the skills and experience necessary to take on even the most difficult of road defect personal injury claim cases. Our attorneys’ more than a century of combined experience has lent our firm a reputation for excellence. For more information about how we may be able to help you through the process of seeking compensation, contact the New York highway defect attorneys of Hach & Rose, LLP, today by calling (212) 779-0057.
Do I Need a Highway Defect Attorney?
If you or a loved one have been injured in a motor vehicle accident because of a highway defect, and you seek to file a lawsuit, you will most likely be suing a government agency. This could be New York City or the State of New York. Bringing a case against government entities is often more challenging than cases involving private companies or individuals for several reasons. These entities are large and have experienced attorneys on their side to prevent you from recovering the compensation you are entitled to. There are also rules in place to protect government entities from legal challenges under certain circumstances. That is why it is extremely important to obtain a lawyer to bring your case for you.
These cases can also be technically challenging for reasons other than who you’re taking on. Cases involving highway defects are complex and often require expert testimony regarding the construction or maintenance of the roadway. Hiring a civil engineer or accident reconstruction expert may be necessary to prove your case. An experienced highway defect attorney will be able to obtain the necessary experts to make the best case on your behalf. Law firms have access to resources most ordinary individuals do not. Legal staff can perform research, hire experts, financially support your case, and put highly their specialized education and experience to work for you.
At times, government entities attempt to get out of having to pay for injuries caused to victims like you because they claim they cannot be sued under a theory of governmental immunity (also referred to as sovereign immunity). By hiring an attorney to take on your case, you can make sure that you have a chance of defeating the arguments the government will make to avoid paying. The government still has a duty to construct roads so that passengers and drivers are reasonably safe. Since proving that the government was negligent in this duty is so difficult, it is vital that you have a skilled attorney on your side to successfully bring a case against the government. There are many unique requirements when it comes to suing the government, including different deadlines, so be sure to contact a lawyer right away to ensure you meet these.
Why Choose Hach & Rose, LLP to Handle My Case?
The attorneys at Hach & Rose, LLP are dedicated to your success in recovering compensation for your highway defect accident injuries. With a track record of recovering some of the largest verdicts from year to year in the entire State of New York, our lawyers are ready to take on your case. We understand what it takes to go against a governmental body and tackle the issues in these complex cases.
Partner Michael Rose has used his career to help accident victims like you. Mr. Rose has been named as one of the top 25 motor vehicle trial lawyers by the National Trial Lawyers’ Motor Vehicle Trial Lawyers Association. With top verdicts to his name and the assistance of associates in the firm, Mr. Rose is prepared to assist you in obtaining the recovery you deserve.
As a whole, Hach & Rose, LLP has recovered over $300,000,000 in settlements and verdicts for our clients. We do this by thoroughly evaluating your potential case and making sure that we never charge you a fee unless you recover. This gives you the freedom to hire high-quality legal representation, regardless of your financial situation.
Dangerous Highway Defects
While many drivers worry about the dangerous driving habits of other motorists, there can be some serious safety issues with the road itself, stemming from both poor design or maintenance. The following defects may cause a driver to lose control over his or her vehicle, leading to an accident, or they may worsen an already hazardous situation:
- Uneven lanes
- Bridge and overpass defects
- Lack of adequate road signage
- Insufficient guardrails
- Overgrown plants
- Missing or worn road markers
- Construction site hazards
- Cracks in the roadway
- Shoulder drop-offs
Government entities are not just responsible for maintaining and designing reasonably safe roadways. They also must ensure that during the construction or repair of the roads that they are still safe for drivers. Negligence on a road construction site can also lead to the government being held liable. If any of these defects lead to an accident, the government agency normally responsible for addressing these issues may be obligated to cover the cost of the victim’s injuries. However, filing a claim against the government can sometimes be a complicated, daunting process for anyone unfamiliar with the law and these types of lawsuits.
Filing a Lawsuit Against the Right Government Entity
To bring a successful lawsuit on your behalf, your attorney will have to determine who owns the road where your accident took place. In New York City, some roads are owned by the state and some are owned by the city. The rules vary regarding how to pursue a claim depending on who is the owner. The timeframe to file a case can be as short as 90 days from the date of your accident. This means that it is incredibly important to contact an attorney right away so you can begin the process to seek compensation immediately. The attorneys at Hach & Rose, LLP are prepared to quickly research your matter to ensure that we are able to meet deadlines if you have contacted us soon enough. We will file information requests if necessary to obtain the required information so that you can have peace of mind while we pursue your case. We can also work with experts in the field of road construction and repair so that we can craft the strongest possible argument explaining why you deserve compensation.
New York Rules Regarding Road Design
In New York, if the design of a road is at issue in your case, the road may only need to be built to the engineering and design standards that existed at the time the road was constructed. However, in certain cases, the design may need to be updated to match more modern standards. If accidents frequently occur at the particular area of the road or intersection, then the government may be required to complete repairs or update the road to improve safety. Any time that a road undergoes a serious repair or reconstruction project, safety upgrades may be necessary.
When you hire us to represent you, we will investigate your accident and conduct thorough research to determine what rules and regulations apply. From there we will be able to provide you with the best course of action to potentially pursue in your case. These issues can be extremely complex with detailed and confusing regulations at play. We will work to keep you informed and to provide legal services that are highly tailored to your situation.
Proving Liability in a Highway Defect Accident Case
In New York City, it can be difficult to bring a lawsuit based on injuries you suffered due to a defect in a road or bridge. This is because your attorney may have to prove that the City had written notice of the defect, knew that a prior injury had taken place at the location, or was provided with a written notice of the defect but failed to fix it after fifteen days.
As your attorneys, we may be able to pursue a negligence claim against the City, but this would involve proving that the City affirmatively created the defect by being negligent. Overall, we will have to show that the City had a duty to keep the area safe and that it failed to do say in a manner that caused you a serious injury. This can be a challenge for even skilled lawyers, but at Hach & Rose, LLP we are prepared to pursue your valid highway defect claim, no matter how daunting it may seem.
Compensation in a Highway Defect Matter
Following a serious injury in a highway motor vehicle accident, we will pursue all responsible parties involved in designing, building, or maintaining the roadway or bridge. We will assert your right to recover for both economic and noneconomic damages. Economic damages include things such as:
- Medical expenses
- Hospital stays
- Doctor visits
- Medical equipment and supplies
- Medication costs
- Loss of income and future earning capacity
These damages can be more easily calculated since they cover a clear, quantifiable loss. Non-economic damages can be more difficult to determine, but we will work with the facts of your case to seek the highest possible fair award for all available kinds of compensation.
Noneconomic damages that we would pursue include:
- Pain and suffering
- Mental anguish
- Loss of enjoyment of life
- Loss of consortium (or companionship)
We will work tirelessly on your behalf to obtain compensation to put you in the position you were in before the accident to the extent possible. If a loved one has tragically passed away due to an accident caused by a road defect, you may be eligible to file a highway defect wrongful death lawsuit. When a government agency contributes to an individual’s death through negligence, we take these matters extremely seriously. Don’t hesitate to reach out to us to learn more about your options for seeking compensation for your tremendous loss.
If you or someone you love has sustained an injury because of a road defect that should have been addressed, there may be legal action available against the responsible government agency. It is important to seek justice and to hold the responsible party accountable so that others do not have to suffer. For a free consultation regarding your options in moving forward with a lawsuit, contact the New York highway defect lawyers of Hach & Rose, LLP, at (212) 779-0057 today.