The Dangers of Leased Roads
Leased roads are highways or roadways that are owned and maintained by private entities rather than government agencies. These roads may be operated for profit, built to serve specific industries, or maintained by companies to access their facilities.
Leased roads are often used in the oil and gas industries, where truck drivers access these roads to deliver cargo, like water, to the oilfield. Traveling these roads can be treacherous, especially when they fall into disrepair. While leased roads offer some advantages, such as reduced congestion and quicker transit times, they also come with a unique set of dangers for truck drivers.
Lack of regulation and oversight
One of the primary dangers of leased roads for truck drivers is the limited regulation and oversight as compared to public roads. Government agencies heavily regulate public roads, enforcing safety standards, conducting regular inspections, and ensuring proper maintenance. In contrast, however, leased roads typically have fewer regulatory requirements and less oversight, leading to inconsistent road conditions and potentially unsafe environments for truck drivers.
Inadequate maintenance
Private entities that lease and maintain roads often prioritize cost savings over safety. This can result in inadequate road maintenance, leading to issues such as potholes, cracks, and deteriorating road surfaces. These poor road conditions can increase the risk of accidents and vehicle damage for truck drivers, jeopardizing both their safety and livelihoods. Some truckers may find themselves waiting for tow trucks or rescue for hours, sometimes even overnight, illustrating just how bad these roads can get.
Lack of safety measures
Leased roads may also lack essential safety features commonly found on public highways. Guardrails, adequate signage, and well-marked lanes often don’t even exist on leased roads, making it challenging for truck drivers to navigate safely. The absence of these safety measures can increase the risk of truck accidents and cause a more hazardous driving environment for everyone.
Variable road quality
Leased roads can vary significantly in quality, with some being well-maintained while others are in poor condition. This inconsistency creates uncertainty for truck drivers, who may not know what to expect when transitioning from a public road to a leased road. The unpredictability of road conditions can make planning and executing routes more challenging and increase the likelihood of accidents.
Limited emergency services
In remote areas or on leased roads serving oilfields, access to emergency services such as towing, repair shops, or medical assistance may be limited. Truck drivers can find themselves stranded or in need of help without immediate access to support. This lack of readily available assistance can worsen the risks associated with accidents or breakdowns on leased roads.
Increased risk of accidents
Due to poor road conditions and the absence of safety features, leased roads pose a higher risk of accidents for truck drivers. These accidents can range from collisions to rollovers to other incidents that may result in injuries or fatalities. A combination of inadequate maintenance and limited safety measures can contribute to this risk.
Navigational challenges
Leased roads may not be well-documented on GPS navigation systems or road atlases, making it difficult for truck drivers to effectively plan their routes. This can lead to unexpected detours, delays, and additional stress for truck drivers trying to meet tight delivery schedules. Navigational challenges can also contribute to driver fatigue and reduce overall safety.
Financial consequences
Accidents or vehicle damage on leased roads can have significant financial consequences for truck drivers. Dealing with insurance claims, repairs, and legal issues can result in increased costs and lost income. Truck drivers may find themselves facing financial hardship as a result of accidents that occur on poorly maintained leased roads.
This is why it is so important to work with a Minot truck accident attorney if involved in an accident on a leased road.
Who is responsible for accidents on leased roads?
The responsibility for accidents on leased roads can vary depending on the specific circumstances of the accident. However, in general, the party that is responsible for maintaining the road is also responsible for accidents that occur on the road.
In the case of leased roads, the leasing company is typically responsible for maintaining the road. However, there may be other parties involved, such as the government agency that originally owned the road or the contractor that built the road.
To determine who is responsible for an accident on a leased road, it’s important to consider the following variables:
- Who owns the road? The leasing company may own the road outright, or it may be leasing the road from another entity.
- Who is responsible for maintaining the road? The leasing company may be responsible for maintaining the road, or it may be responsible for hiring a contractor to maintain the road.
- What caused the accident? Was the accident caused by a defect in the road? Was the accident caused by a failure to maintain the road?
If the leasing company is responsible for maintaining the road and the accident was caused by a defect in the road or a failure to maintain the road, then the leasing company is likely to be liable for the accident.
However, there may be other parties that are also liable for the accident. For example, if the accident was caused by a defect in the road that was caused by the contractor that built the road, then the contractor may also be liable for the accident.
If you are involved in an accident on a leased road, it is important to consult with our Minot personal injury attorneys to determine who is responsible for the accident and to protect your legal rights.
Here are some specific examples of situations where the leasing company may be liable for an accident on a leased road:
- The leasing company fails to repair a pothole in the road and a driver hits the pothole and is injured.
- The leasing company fails to clear snow and ice from the road and a driver skids off the road and is injured.
- The leasing company fails to maintain the road surface and a driver hits a bump and is injured.
If you are involved in an accident on a leased road, it is important to document the accident as much as possible. This includes taking photos of the scene of the accident, the damage to your vehicle, and any injuries you sustained. Then, you should contact an attorney to discuss your legal options. Your truck accident attorney can help you determine who is responsible for the accident and can help you file a claim for damages.
Were you injured in a truck accident on a leased road? The attorneys at Larson Law want to help. We will help gather evidence to support your claim, negotiate with insurance companies on your behalf, and work to secure a fair settlement for your injuries and losses. To schedule a free consultation, call our offices or complete our contact form today. We handle accident cases on a contingency fee basis. We have offices in Fargo, Bismarck, and Minot.
Mark Larson is a Certified Civil Trial Specialist and Certified Civil Pre-Trial Specialist focusing on personal injury, car accidents, wrongful death, and oil field claims. Since 1979, Larson Law has served the injured throughout North Dakota. Read more about Mark V. Larson.