Defective Road Information

An overview of Defective Road Accidents, including an overview of common types of Defective Road Accidents, such as failure to maintain or defective road design, an explaination of the causes of Defective Road Accidents, a guide to determining liability, and information on the statute of limitations.

Understanding Defective Road Accidents · Types of Defective Roads · Defective Road Accident Causes · Determining Fault · Statute of Limitations

Understanding Defective Road Accidents

All drivers have the right to drive on roads which are safely designed, properly constructed, and adequately maintained. However, the government and municipal entities that have a duty to oversee these roads do not always live up to their responsibility to remedy road defects and repair dangerous conditions on highways and streets. The variety of weather conditions from state-to-state means that some states have more frequent maintenance issues than others when it comes to road repair. However, the frequency of damage to a road does not exclude state officials from their obligation of providing motorists with safe, properly maintained roads. When improperly designed or maintained roads lead to serious or fatal motor vehicle accidents, governments and construction companies can be held liable. For example, poor road signage may fail to provide necessary positive guidance needed by a motorist to make rapid decisions in traffic and results in unnecessary crashes. In addition, debris on the roadways, a build-up of ice and snow, faded or downed road signs, and potholes are all the responsibility of the local or state government. Even in cases where negligence on the part of a driver may be the initial cause of an accident, a defect in road design or maintenance may have made the accident much worse. Defective road accident cases can be difficult to prove and are often restricted by a six month statute of limitations. Therefore, they are best handled by experienced defective road attorneys.

Types of Defective Roads

Poor road design affecting the flow of traffic on streets, highways. and intersections,  unsafe pavement and road markings, inadequate signage and malfunctioning stop lights, improper road construction warnings and procedures, and unsafe sidewalks and crosswalks are examples of road defects that can lead to a defective road accident. Listed below are some additional types of defective road problems:

Defective Road Accident Causes

When the shoulder of a road or a curve is improperly graded, when potholes are left unfilled, or when stops signs are obscured by trees, defective road accidents are often the tragic result. Roadway defects include a wide variety of preventable road conditions which often cause car accidents, truck accidents, motorcycle accidents, and in some cases, pedestrian accidents. Motor vehicle accidents caused by defective roadways may appear to be caused by driver error, but a defective road lawyer can be helpful in proving that a problem with the roadway, such as a malfunctioning traffic light or inadequate sigange, was the the true cause of the crash. Defective roadway design and maintenance problems can cause wrongful death and serious personal injuries for car accident victims, and those responsible for designing or maintaining a road can be held liable when an accident occurs as a result of their negligence.

Determining Fault

In the event of an accident caused by a defective road, it is essential to recover evidence and take photos before potholes are filled, trees trimmed, or guardrails added so that you can prove that a road defect existed and that it contributed to your accident. Determining fault may also require consulting traffic design experts, engineers, surveyors, and accident investigators in order to expose negligence on the part of the municipality or  government agency that was responsible for the design and upkeep of the road. Even in cases where another vehicle strikes yours, further investigation may reveal that dangerous road conditions played a role in causing the collision.

Public entity cases proceed under a set of laws different from those governing private entities. The government has immunity for defects in most roadway design cases. However, if you can prove that the road design and/or dangerous condition presented a trap for the unwary motorist who believed that the roadway was safe when it wasn't, the government may be held liable. In addition, the government has immunity in most failure to sign claims. This means that they are not negligent for failing to place a sign or traffic signal at a particular place. This immunity may be overcome if it can be shown that the layout, usage, and available information provided to the motorist created a trap for an unsuspecting driver using the roadway with due care. Successfully proving fault in defective road accident cases requires an attorney who has extensive experience with these cases, as well as the ability to skillfully handle all of the applicable immunities.

Statute of Limitations

It's essential that you consult an experienced defective road accident attorney as soon as possible if you were injured as a result of a dangerous road or highway. Many defective road cases have an abbreviated six month statute of limitations because they are claims against government entities. If you fail to file a claim within this period, you will lose your right to any possible compensation for your defective road accident. Given the importance of collecting evidence and beginning the investigative process in a timely manner, it is important to contact an attorney as soon as possible after a truck accident or car accident caused by a defective street or dangerous highway.

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