Not every car accident is caused by a careless driver. Sometimes, the road itself is unsafe. In other cases, a tire or vehicle component fails and causes a driver to lose control.
Crashes involving road or vehicle defects can be especially complicated because the cause may not be immediately obvious. Determining what happened may require examining the roadway, the vehicle, maintenance records, engineering documents, physical evidence, and other information that goes far beyond a standard accident report.
At Blasingame, Burch, Garrard & Ashley, P.C., our attorneys represent people who have suffered serious injuries and families who have lost loved ones in accidents throughout Georgia. When an unsafe road or defective vehicle may have contributed to a crash, we work to determine what went wrong and who may be responsible.
When Road and Vehicle Defects Cause Car Accidents
Drivers depend on both their vehicles and the roads they travel to function safely. When either fails, even a careful driver may have little time to recognize the danger or avoid a crash.
Road-related accidents can involve problems with the design, construction, maintenance, or condition of a roadway. Dangerous shoulders, pavement drop-offs, poor drainage, inadequate signs, obstructed sightlines, and defective guardrails are just some of the conditions that can contribute to serious crashes.
Vehicle-related accidents can occur when a tire or other component fails. A tire blowout or tread separation, for example, can cause a driver to suddenly lose control of a vehicle, particularly at highway speeds.
In some cases, more than one factor contributes to an accident. Identifying those factors is an important part of determining who may be legally responsible.
Explore Road & Vehicle Defect Topics
Learn more about dangerous road conditions, vehicle defects, and other issues that can contribute to serious accidents in Georgia.
Who May Be Responsible for a Road or Vehicle Defect Accident?
Liability in these cases depends on what caused the accident and who was responsible for creating, correcting, or warning about the dangerous condition.
Potentially responsible parties may include:
- A city, county, or state government
- The Georgia Department of Transportation
- Road construction or maintenance contractors
- Vehicle manufacturers
- Tire or auto-parts manufacturers
- Product distributors or retailers
- Repair shops or mechanics
- Companies responsible for inspecting or maintaining vehicles
- Other businesses or private parties responsible for a dangerous condition
There may also be more than one responsible party. For example, a crash could involve an unsafe roadway condition as well as the negligence of another driver.
Determining liability requires looking at all of the circumstances surrounding the accident rather than assuming the person behind the wheel was solely responsible.
How Are Road and Vehicle Defect Cases Investigated?
Road and vehicle defect cases often require a more extensive investigation than a typical car accident claim.
The investigation may begin with a close examination of the accident scene and the vehicle involved. Depending on the circumstances, attorneys may also need to obtain government records, roadway plans, inspection documents, maintenance records, vehicle records, or information from manufacturers and other companies.
Experts can play an important role as well. Accident reconstruction professionals may analyze how the crash occurred, while engineers or other specialists can evaluate the roadway, tires, vehicle components, or safety systems involved.
The goal is to reconstruct what happened and determine whether a dangerous condition or defective product contributed to the accident and resulting injuries.
What Evidence Is Important in a Road or Vehicle Defect Case?
Physical evidence can be particularly important in these cases, and some of it may disappear quickly.
A damaged vehicle may be repaired, sold, or destroyed. A failed tire or vehicle component may be discarded. A dangerous section of roadway may be repaired or resurfaced after an accident. Guardrails, signs, and other roadside features can also be replaced.
Depending on the case, important evidence may include:
- Photographs and video of the accident scene
- The damaged vehicle
- Tires and other vehicle components
- Vehicle maintenance and repair records
- Roadway design and engineering records
- Inspection and maintenance records
- Construction records
- Previous complaints about a dangerous condition
- Reports of prior accidents in the same location
- Product specifications or manufacturing information
- Recall information
- Police and crash reports
- Witness statements
- Medical records and bills
- Employment and wage-loss records
Preserving evidence as early as possible can help experts determine what happened before important conditions change.
Common Injuries in Serious Road and Vehicle Defect Accidents
Accidents caused by dangerous roads or vehicle failures can happen suddenly and at high speeds. Some result in rollovers, vehicles leaving the roadway, head-on collisions, or other severe impacts.
Serious injuries may include:
- Traumatic brain injuries
- Spinal cord injuries
- Broken bones
- Internal injuries
- Severe lacerations or permanent scarring
- Amputations
- Burn injuries
- Permanent disability
- Wrongful death
For people who survive catastrophic injuries, the effects can continue long after the initial hospitalization. Future medical treatment, rehabilitation, lost earning capacity, and the effect of an injury on a person’s independence and quality of life may all need to be considered.
Special Deadlines for Claims Against Government Entities in Georgia
When a dangerous roadway contributes to an accident, determining who owns or maintains the road is important. Responsibility may rest with a city, county, the State of Georgia, or another government entity.
Claims involving government entities are subject to special rules. In addition to the statute of limitations for filing a lawsuit, Georgia law may require an injured person to provide formal notice of a claim within a much shorter period of time. These notices are commonly called ante litem notices.
The deadline and requirements depend on the government entity involved. Failing to comply with the applicable requirements can affect your ability to pursue a claim.
For this reason, accidents that may involve a road defect should be investigated as soon as possible.
Click here for more information on Georgia’s Statute of Limitations.
Why Road and Vehicle Defect Cases Can Be Difficult to Prove
One of the biggest challenges in these cases is showing not only that a dangerous condition existed, but also that it contributed to the accident.
A government agency may dispute that a road was unsafe or argue that it did not have sufficient notice of the condition. A manufacturer may claim that a tire or vehicle component failed because of improper maintenance, damage, or normal wear rather than a defect. Other parties may argue that the driver’s actions caused the crash.
Records can also be spread among multiple agencies, contractors, manufacturers, repair facilities, and other organizations.
Building a case may therefore require extensive investigation, expert analysis, and careful preservation of physical and documentary evidence. We can help.
How BBGA Handles Road and Vehicle Defect Cases
Road and vehicle defect cases can involve complex questions about engineering, accident reconstruction, product design, maintenance, and government responsibility.
Our attorneys investigate the circumstances surrounding the crash and work to identify all parties that may have contributed to it. Depending on the case, that may include preserving and inspecting the vehicle or failed component, examining the accident scene, obtaining roadway and maintenance records, reviewing prior incidents, and working with qualified experts.
We also look beyond the immediate medical bills to understand the full impact of a serious injury. When necessary, we work with medical professionals, life care planners, economists, and other experts to evaluate future medical needs, lost earning capacity, and other long-term consequences.
Blasingame, Burch, Garrard & Ashley, P.C. has represented injured people and families throughout Georgia for more than 40 years. Our attorneys have experience handling complex cases involving catastrophic injuries and wrongful death and have the resources to thoroughly investigate cases involving road and vehicle defects.
Talk to a Georgia Road and Vehicle Defect Attorney
If you or a loved one was seriously injured in an accident and you believe a dangerous road, defective tire, or other vehicle defect may have contributed to the crash, it is important to preserve evidence and determine what happened as soon as possible.
Contact Blasingame, Burch, Garrard & Ashley, P.C. to discuss your case. Call 706-354-4000 or fill out our online contact form. We have offices in Athens and Lake Oconee and represent clients throughout Georgia.
There is no fee unless we recover money for you in your case.