Posted on behalf of Anderson Cummings on Jun 30, 2022 in Auto Accidents
Accidents can occur anywhere, including on unpaved roadways. If you are injured in an accident on an unpaved road, you may wonder whether you can pursue compensation for your damages. The answer is yes, but it may be complicated.
Let our knowledgeable auto collision attorneys in Fort Worth help you through the legal process of filing a claim and building a strong case for compensation. Since unpaved roads do not usually have posted traffic rules, proving another driver’s negligence may be difficult without an attorney.
Call us today to schedule a free consultation to learn more about your legal rights.
Common Causes of Collisions on Unpaved Roads
Dirt roads are usually narrower than paved ones, as they typically run through more rural backroads. For this reason, unpaved roads tend to only cater to one-way traffic. When drivers fail to yield to vehicles that have more difficulty pulling off to the side, a head-on collision could occur.
Speeding is another major contributor to unpaved roadway collisions. Drivers who speed through these roads often kick up significant amounts of dust, obscuring visibility for themselves and others. The combination of poor visibility and speed could significantly increase the chances of an accident.
Unpaved roads are also commonly full of potholes or other obstructions which drivers may be forced to swerve to avoid. Distracted drivers pose a serious threat to others on these roads because they might unexpectedly swerve into oncoming traffic.
Another issue with unpaved roads is that they may be improperly marked or missing important signage, unlike paved roadways that have clearly designated lanes and passing zones. Poor signage could cause confusion for many drivers, leading to an accident.
Who May Be Liable for an Unpaved Road Accident?
Just like any other collision, liability comes down to the negligent actions of the driver who caused the collision and your damages.
Generally, motor vehicle collisions are caused by some type of negligence. For instance, a driver who was speeding or not paying attention to the road and crashed into your vehicle. This individual could be liable for your damages.
However, there are some cases when a party other than a driver may be financially responsible for your injuries. For example, if an accident occurs on a private property.
If you are driving on a privately maintained road that is improperly marked or kept, the owner of that property could potentially be liable for your injuries. It is important to note that you may have to prove you were not trespassing on the property or that the roadway was accessible by a public road.
For cases when the collision occurred due to an improperly marked road, you may be able to pursue compensation from the government municipality charged with the maintenance and upkeep of the road.
What Are My Options for Pursuing Compensation?
Most unpaved road accidents are caused by a driver negligence. Under these circumstances, your main option for pursuing compensation is to file a claim with the liability insurance of the at-fault driver.
Remember that to recover compensation you must be able to prove the driver’s negligent actions directly contributed to your damages.
Collecting evidence for an accident on an unpaved road may be more complicated than for accidents that occur on paved roadways. Accidents in more urban areas may yield other evidence, such as traffic camera footage. There are also more clear-cut traffic rules that make it easier to prove fault.
Fortunately, our attorneys know how to gather the evidence needed to support a strong claim. We are also prepared to work with expert witnesses who may be able to provide additional evidence that helps to prove the other driver’s negligence.
If liability for the collision falls to a government entity or homeowner, you may still be able to file an insurance claim. However, the process may be different. Our attorneys have experience with these types of claims, too, and we are prepared to help you through the process.
What If the Collision Involves an Off-Road Vehicle?
Most unpaved roads are occupied by off-road vehicles like All-Terrain Vehicles (ATVs) or sand rails.
Collisions involving these types of vehicles may be more complex since the type of available insurance could vary.
If you were driving an off-road vehicle and were injured by a negligent driver in a car or truck, you might be able to file a claim with the driver’s insurance. Off-road vehicles offer little protection for drivers and passengers, so your damages could be worse than if you had been in a car. Having an experienced attorney who is prepared to help you recover maximum compensation could greatly benefit your claim.
Call an Experienced Attorney
Our attorneys have over 50 years of combined experience advocating for accident victims. We do not charge you upfront fees while we work on your case. In fact, you do not pay our fees at all unless we successfully recover compensation on your behalf.
We have secured millions in compensation on behalf of our clients.
The consultation to discuss your claim is free, and there is no obligation to take legal action.
Call (817) 920-9000 to learn more.