Negligent actions by drivers are the most common causes for road accidents. However, some accidents aren’t the fault of drivers. Sometimes defective roadways can cause drivers to lose control thereby increasing the risks of motor vehicle collisions.
This is a particularly challenging issue for large trucks, which are already difficult to operate. Add defective roadways to the equation and you have the recipe for a disaster. Truck accidents resulting from a defective roadway can result in serious injuries and death. In such cases, the government entity that is responsible for the design, construction, or maintenance of the road may be liable and a claim can be filed against that entity. You should note, however, that claims against government entities are subject to stringent rules and you must file your claim in a timely manner.
Defective roadways pose a risk to truck drivers and other people on the road including automobile drivers, motorcycle riders and pedestrians. Defective roadways present a hazard that can either cause an accident or result in a driver resorting to abrupt evasive action to avoid the hazard. In some cases, that evasive action may cause a collision.
Common road defects include:
- Poor road design
- Debris that ought to have been removed in a timely manner
- Shoulder drop offs
- Inadequate or lack of notification in shoulder changes
- Excessive oil or gravel
- Inadequate or malfunctioning signs or signals
- Poor weather conditions
- Defective or inadequate street lights
- Poorly designed intersections
- Bridge collapse or defects
If you’ve been involved in a truck accident or any other motor vehicle collision that results in serious injury, it is natural to want to sue the truck driver for your injuries and damages. However, proper investigation of the incident may point to another liable party. In the case of a defective roadway, you may have to file a claim against a government entity.
These cases are often complex. This is because you are filing a case against a government institution and not an individual. The process of filing claims in such cases is different. There is also a limited time within which you can file your claim. For that reason, it is important to seek the assistance of an experienced attorney to help you gather evidence and improve your chances of getting compensation.
In many instances, defective roadways have a history of crashes. The same defect is likely to have caused several other accidents before yours. Evidence that the defect resulted in multiple accidents and the governmental agency failed to take action, may improve your chances for success.
The experienced attorneys at Warner Law Offices can help you establish patterns when seeking to file a claim against a government entity for a defective roadway. Our attorneys can uncover evidence to prove that the government entity was negligent in its duty to properly design, construct, or maintain the roadway, putting road users at risk.