When determining liability for car accidents caused by traffic obstructions, there are several key factors that come into play. These factors help assess the legal responsibility of the parties involved in a Houston automobile accident resulting (at least in part) from traffic obstructions. Among these considerations are:
Visibility of the obstruction
Adequacy of signage or warnings
Compliance with traffic control devices
Road conditions and maintenance
Proximity to intersections or other high-risk areas
The visibility of the obstruction is crucial in determining liability. If the obstruction was not clearly visible to drivers, it can impact their ability to react and avoid a crash. Factors such as poor lighting, obscured signage, or objects blending into the surroundings can all affect visibility.
Adequacy of Signage or Warnings
Proper signage and warnings are essential in alerting drivers to potential obstructions. If the signage or warnings were inadequate or absent, it can impact the liability assessment. This includes the size, placement, and clarity of the signs, as well as the use of additional warning devices like cones or flags.
Compliance with Traffic Control Devices
It is important to assess whether all parties involved complied with traffic control devices, such as traffic lights or stop signs. Non-compliance can contribute to the liability determination. This includes obeying traffic signals, yielding right of way, and following the rules of the road.
Road Conditions and Maintenance
The condition of the road and its maintenance can also affect liability. Poorly maintained roads or hazardous conditions, such as potholes, uneven surfaces, or inadequate road markings, can create additional risks for drivers and impact liability. Factors such as weather conditions or ongoing construction should also be taken into account.
Proximity to Intersections or Other High-Risk Areas
The location of the obstruction in relation to intersections or high-risk areas is another important factor to consider. Obstructions near these areas can increase the likelihood of accidents and impact liability. This includes obstructions near pedestrian crossings, school zones, or areas with heavy traffic flow.
Driver Distraction or Impairment
The state of the drivers involved is crucial in determining liability. If a driver was distracted, such as using a mobile phone, eating, or engaging in other activities that divert attention from the road, or impaired due to alcohol or drugs, it can significantly impact their liability. This includes both physical and cognitive distractions.
Speed of Vehicles Involved
The speed at which the vehicles were traveling can affect the severity of the crash and the liability assessment. High speeds can reduce reaction time and increase the likelihood of an accident. Factors such as exceeding the speed limit, driving too fast for road conditions, or sudden changes in speed should be considered.
Actions Taken by Drivers to Avoid the Obstruction
Assessing the actions taken by the drivers involved to avoid the obstruction is important. If a driver made reasonable efforts to avoid the obstruction but still ended up in a crash, it can affect their liability. This includes factors such as braking, swerving, or attempting to maneuver around the obstruction.
Contributory Negligence of Any Involved Party
Finally, any contributory negligence on the part of any party involved should be considered. If a driver or another party involved contributed to the accident through their own negligence, it can impact the liability determination. This includes actions such as failure to yield, improper lane changes, or aggressive driving behavior.
Thoroughly investigating each of these factors is crucial in evaluating and determining liability in crashes caused by traffic obstructions. If you have been involved in a car accident caused by traffic obstructions, the legal team at The Doan Law Firm can make sure you fully understand your legal rights.
You can schedule an initial consultation with a Doan Law Firm car accident lawyer by calling our offices at (800) 349-0000 any time of the day or night. The Doan Law Firm never charges an attorney fee unless we win your case for you. We are committed to fight tirelessly for justice, accountability, and the compensation you deserve.