Every year, many motorcyclists, drivers, and road bikers are injured on poorly designed or maintained roads. Often, the injuries are catastrophic due to the combination of a road defect as well as poor driving conditions.
When there is no other driver involved, it makes it hard to recover insurance proceeds for the injuries based on a standard personal injury type of case. However, where the defect in the road design or maintenance is provable and is the primary reason for injuries, an injured party may want to consider pursuing a defective road design claim.
What Are Examples Of Defects In The Roadway?
Road defects can lead to serious risks to drivers, passengers, and pedestrians. Common examples include potholes, sinkholes, uneven road surfaces, or inadequate road drainage, which can cause vehicles to lose control. Slippery or gravelly surfaces, along with poor or missing lighting, make it even harder for drivers to navigate safely.
Missing guardrails, narrow shoulders, and improperly marked lane dividers also contribute to accidents, especially on winding or steep roads. Additionally, construction projects or overgrown vegetation that obstruct a driver’s vision, can force drivers into dangerous maneuvers.
Defective traffic signals and signs, including those that are missing or inaccurate, are another major hazard. They can cause head-on collisions or rear-end accidents as drivers are left to guess or react at the last moment. Dangerous road layouts, such as sharp hairpin turns or poorly designed on-ramps or off-ramps further increase the likelihood of crashes. Drivers navigating these hazards may swerve into other lanes, collide with obstacles, or leave the roadway entirely.
These defects create scenarios where drivers must quickly choose between avoiding the hazard or taking evasive actions that may lead to rollovers or multi-car crashes. Poorly maintained or designed roads amplify the risk of serious injury, underscoring the importance of addressing these issues to protect everyone on the road.
Who Is Responsible?
In a road design defect claim, the party responsible for paying the claim is typically the government agency or contractor responsible for designing, building, or maintaining the road. These claims argue that the design or condition of the road created a hazard that directly led to an accident.
The lawsuit focuses on how the road was designed, alleging that a flaw, such as poor visibility at intersections, sharp curves, inadequate guardrails, or a lack of warning signs, made the road inherently unsafe. Claims may also involve negligence in maintaining the road, such as failing to fix potholes, repair uneven pavement, or clear debris.
Since roads are typically maintained by government entities, these lawsuits often involve filing a claim against local, state, or federal agencies responsible for the road’s design or upkeep. To win a claim, you must prove that the road defect directly caused the accident and resulting injuries, rather than driver error or other factors.
Why File a Road Defect Design Lawsuit?
Such lawsuits seek compensation for injuries, property damage, and other losses caused by unsafe road conditions. They also encourage better road safety standards, potentially preventing future accidents.
Private Contractors or Engineers
Governments often hire third-party private contractors to design or construct roads. If the defect results from negligence by the contractor, they may share liability. For example, a construction company could be liable if they improperly paved a road, creating uneven surfaces or unsafe conditions.
In some cases, liability is shared between the government entity and contractors, depending on the circumstances of the defect and contracts in place. For instance, a government agency might bear responsibility for oversight, while a contractor is liable for faulty construction.
Immunity & Timelines
Many government entities are protected by laws limiting their liability, though exceptions are often made for cases involving negligence. Claims against the government usually require filing a notice of claim with strict deadlines. Additionally, after filing the claim, there is typically a 60-day waiting period before you can commence a lawsuit. If you wait too long to file the notice of claim, your 60 day waiting period may cause the statute of limitations to pass.
If you believe a road defect design may apply to your injury accident, it is imperative that you consult an experienced personal injury attorney right away. In addition to the very strict notice and waiting period timelines, these cases are incredibly complex. Typically, they require numerous experts to establish liability and months or years to prepare for trial. Do not delay in seeking a team to help you if you believe your injuries are due to a defective roadway.
Our attorneys are here 7 days a week to help. Get the help you need. (360) 792-1000
Get help now
Whether you choose to handle your case alone or engage the Witt Law Group, being informed and prepared is essential. Early involvement of an attorney can significantly impact your chances of a fair recovery, allowing you to focus on healing while we handle negotiations with insurance adjusters to secure fair compensation for your injuries.
