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Can I Sue for Injuries from Hazardous Road Conditions in New York?

Even though driver error is the most common reason car accidents occur in New York, like the rest of the United States, it’s not the only reason. Even with responsible behavior behind the wheel, hazardous road conditions would still cause crashes. Depending on the circumstances, several parties could be liable for your Long Island car accident injuries. 


Unrepaired Roads


The government is responsible for maintaining roads in a safe condition, so if it had notice and failed to take advantage of a reasonable opportunity to repair the responsible entity could be liable. Unrepaired conditions often include:

  • Broken or missing barriers and guard rails,  
  • Potholes or cracked pavement, 
  • Unsafe drop-offs, and 
  • Lack of or malfunctioning warning signals.


Debris on the Road


Depending on the circumstances, many different parties may be liable if road debris led to your accident. The government may be liable for failing to clear debris off the road, but if improperly secured cargo fell from a commercial truck or an individual littered and caused the wreck, you may have other responsible parties to pursue for damages.


Construction Zone Negligence


Construction zones often require speed change, lane shifts, or lanes merging to allow a space for construction to occur. If a construction zone is not designed with reasonable safety, the government agency or contractor responsible for the design may be liable. If an individual driver behaved negligently in a construction zone and caused an accident, they may be responsible for your damages. 


Poor Weather Conditions


In some accidents where inclement weather was involved, there may be no other parties to pursue for damages. However, negligence is often still a contributing factor in these injury-causing accidents. A driver traveling too fast for wet or slick road conditions may have acted negligently. They also may be negligent for failing to reasonably maintain their vehicle with proper tires and brakes. The governmental entity responsible for the roads may be liable if they failed to clear gutters and drains and caused standing water on the street from a rainstorm. 

Contact a Long Island Car Accident Attorney

The experienced Long Island car accident attorneys at the Falkowitz Law Firm, PLLC know how to use our knowledge and resources to litigate complex car accident injury lawsuits where many parties may be at fault. If you or a loved one were hurt in a car accident involving hazardous road conditions, contact us 24/7 at (844)-385-4279 or by completing our online Contact Page to schedule a free, no-obligation consultation. Let us answer your questions, review your unique situation, and help you pursue your claim in the most strategic way possible so you can focus on your recovery.

Gary P. Falkowitz is the Managing Partner and Founding Attorney of the Falkowitz Law Firm PLLC‚ one of the premiere personal injury law firms in New York. Gary received his J.D., in 2005 from St. John’s University School of Law and served as an Assistant District Attorney with the Kings County District Attorney’s Office.

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