In some car and truck accidents, those responsible for road design or road maintenance may also be at fault. To determine whether unsafe road conditions have contributed to an accident, we often investigate the condition of the roadway, including the placement and operation of any signs, guardrails, road drop-offs, and other road conditions.
It’s important to examine these aspects as soon after an accident as possible, as these conditions may change with even a short passage of time. This evidence needs to be documented and preserved in a timely manner in order to further your case.
If the Road is Unsafe, Who is At Fault?
Safe road conditions may be the responsibility of different municipalities or governmental entities, such as a city, state, or the federal government. In each case, the responsible municipality or entity must ensure that the road is safe, which includes aspects such as maintaining signage and properly functioning traffic control devices, and keeping the road free of dangerous potholes or other conditions. Additionally, it is important that vegetation along a roadway does not obscure signage.
Road Design Defects
In some cases, the physical condition of the road itself may be safe, but the road may be unreasonably dangerous due to a road design defect. For instance, the posted speed on a road may be too fast for the actual road conditions. Additionally, a side street may cross a busy road in an area where drivers may have limited visibility, such as after the crest of a hill, which may result in drivers being unable to see each other until it is too late.
In some road design cases, there is a past history of many accidents at a single location. This history may indicate that traffic control devices – such as stop signs, intersection warning signs, or traffic signals – should be implemented. Unfortunately, these past accidents are often overlooked until a fatality occurs.
We Seek to Hold All Parties Accountable For Their Fault
When it appears that an accident was caused in whole or in part by unsafe road conditions, a road design defect, or construction crews performing road work, we will bring a lawsuit against those responsible for such road conditions in addition to any other drivers who we believe to be at fault.
Call me to find out more about how we investigate accidents and road conditions as we seek to prove fault and win damages for our clients. We will meet with you at your convenience, and will work hard to recover for you the full measure of damages to which you are entitled.