Remember that the procedures associated with a road accident are complicated and that the workings of justice and the law are not always easy to understand. A lawyer who is specialized in the law as it relates to hazardous roadways can, therefore, help you to recognize your rights if you have an accident while driving. Also, a lawyer is useful, and they may even prove indispensable.
A lawyer is indeed able to support your case before the court before any issues are raised by the court, to discover the slightest procedural flaw, to find the right arguments to justify your compensation or to raise the proper objections in the event of a procedural violation. When the victim suffers an accident on a dangerous road, and the fault can be assigned in whole or in part to a third party (because of a lack of maintenance, because of a poor design, because of construction work, because of a lack of information about possible hazardous road conditions, etc.), then a lawyer will be able to help you to get compensation. The liability of the party responsible for the maintenance of roads is then engaged, and its liability insurance coverage will cover the settlement.
The filing of a complaint does not oblige the court to prosecute the responsible perpetrator before the criminal court, especially if the court considers that the facts do not constitute a criminal incrimination. Also, the negligent party may either be a natural person or a legal person. Know also that if the court condemns the responsible to compensate you and that the latter is insolvent, you have the opportunity to seize their assets to obtain compensation for your damages.
Getting the right compensation for grave damage caused by accident as a result of hazardous roadways requires obeying complex rules. Ensuring the right level of compensation also requires extensive experience in the field. Therefore, you should obtain an initial medical certificate describing your injuries and the expected duration of your disability from the medical service that has supported you, as well as a detailed report if you have been hospitalized for more than one day.
In the case of a road accident procedure of a judicial nature, the use of a lawyer is desirable to support your claim in front of the court. The judge may conclude that these hazardous road conditions constituted a risk of danger and consequently a threat to the safety of the users of the road. It is also understandable that it will be more difficult to obtain full compensation for damages if the victim was familiar with the scene of the accident.
The offense may also be found in the case of unintentional recklessness, negligence or breach of a safety or security duty imposed by laws or regulations. Just as willful misconduct is unmistakably a deliberate violation of the law, a distinctive obligation of prudence or security may also be imposed by rules or regulations, particularly on the part of specific professionals whose duty it is to safeguard against hazardous roads. Experience has shown that, because of the complexity of the judicial system and the system of compensation for harm, it is highly desirable that the victim is assisted by a qualified legal professional as soon as possible.
Poor layout or maintenance of roads, lack of lighting, the presence of abnormal holes or unevenness, the absence of warnings or the existence of a breach of standards may, in certain circumstances, engage the liability of those responsible for the road. In fact, the party responsible for the streets must maintain these roads in a safe state and manage it so that people can use the roads safely. Collect as much information as possible, and if a third party is involved a fundamental step will be to have his liability recognized and thus your right to compensation.
In some cases, you may be compensated for the bodily injury you have suffered. Always ask your doctor, at each consultation, for a medical certificate describing the evolution of your injuries by inviting the doctor to specify that they are related to the accident. If the security forces have not intervened and your injuries are serious, you can file a police report in any police station.
If you have been on sick leave as a result of your accident, which has resulted in a loss of salary not covered by your insurance company, it is also your right to be compensated. Also, never make a false statement about your hazardous road case. If you have received injuries as a result of a road accident, there are already some steps and checks that you can perform alone. On the other hand, it is best to seek legal advice before accepting any compensation.
If you do not agree with the medical expert’s findings, you can, with the help of your lawyer, ask for a different expert to examine you. Remember, a legal expert can help you to win the recognition of your right to compensation. The court will also have to determine if the accident was predictable and if a careful and diligent person would have avoided the hazardous road to prevent the misfortune.
This step will be a crucial part of the process to discover whether or not you are entitled to compensation for your accident. Also, following the mishap, you often only have a relatively short time to appear to file a case against the party responsible for the hazardous road.