Road Design Defects and Resulting Accidents
How do Road Design Defects Cause Car Accidents?
Motorists are primarily responsible for most automotive accidents but in some cases road design defects can create the conditions that cause what erroneously appears to be driver error. Road design defects are frequently overlooked and are challenging to prove unless a particular defect has already been documented but was on corrected. Because seeking liability from those responsible for a road defect is incredibly difficult, if you suspect your car accident may have been caused by a problem with the road contact a road design defect lawyer to help you gather and evaluate the evidence surrounding the collision.
After any motor vehicle accident has occurred and the basic safety issues surrounding it have been addressed, responding officers immediately attempt to determine the sequence of events causing the collision and which individual or individuals are at fault. Unfortunately police officers do not have all the time in the world to treat each traffic accident as thoroughly as the detectives on a murder case would and some information can be missed or recorded incorrectly.
Insurance companies use police reports to evaluate fault and blame, leaving the victims of the collision powerless in the process. Legal counsel and specifically a road design defect attorney experienced in gathering the kind of complex evidence surrounding the accidents caused by problems with road designs is the only way to guarantee that the evidence collected will work in your favor.
What Constitutes a Road Design Defect?
State and Federal laws require that all counties, cities and public entities keep public roadways safe. These laws clearly outline responsibility for dangers road conditions and the logic behind them is that those responsible will do all that is in their power to maintain roadway safety and minimize the potential for grave injuries or fatalities.
A road design defect occurs when any structural or design aspects of the road including lights, signs and signals are faulty, dangerous or inadequate. Road design defects can include poor road design, poorly designed intersections that historically are dangerous, sharp shoulder drop offs, the lack of stop signs, yield signs or other traffic signs, inadequate signage notifying drivers of potential dangers or road unpredictability, defective traffic lights, poorly maintained painted traffic lines, deep potholes, excessive debris or other textural problems such as excessive oil or gravel on the road.
Road design defect lawyers may be the only people who will think to check for roadway defects as a cause for the collision. Because those responsible for the maintenance of roads are at the very least a large business and may even be the city, state or federal government offices, filing a lawsuit or claim against them on one’s own would be a serious mistake. Lawsuits against government offices are exceptionally complex and procedurally distinct from claims filed against businesses or individuals. If you believe your accident was caused by a problem with the road, then contact a road design defect attorney for a specialized assessment instead of relying on general legal counsel.