Preserving Evidence in Road Defect Cases

In the case of an accident that may have been caused by a defective road condition or maintenance, it is important to act quickly to preserve evidence of the scene and the vehicle.

Signage may still be in place relating to any road construction or road conditions. Markings of the pavement crew or government agency may still be visible. It is important to take photographs of the road condition when the accident took place, including any construction zone, any speed limit sign, or warning signs approaching the scene from both sides. The paving company may have retained photos of the site pursuant to management guidelines or contractual obligations with a government agency.

Investigation of Road Defect Cases

In handling your case, I may want to obtain highway and inspection schedules from appropriate government agencies. Government agencies and road construction contractors can also be held liable for a steep dropoff on the side of a road or highway. The key in these cases is to gather evidence of the dropoff before the road condition can be changed or altered from what it was at the time of the crash.

I may also want to look at the place where the vehicle left the road to see if the undercarriage of the vehicle struck and gouged the road’s edge. Such marks can indicate that the paving company or government agency did not ensure that the surfaces abutting the new road were raised to be even with the road after paving was completed.

It may also be important to document any re-entry gouge marks or scrapes or any evidence that the tires scraped against the edge of the road. Everything must be photographed and measured before the conditions change.

If you have been injured, I would urge you to contact me at The Dysart Law Firm, P.C. to discuss your case.  I will meet with you for a free consultation, and explain to you what steps should be taken to further your case.  We can then begin the process of seeking to preserve all evidence associated with your accident and preparing your case against those responsible for your injuries and damages.


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