There are situations where
driver error is not the only cause of an accident. A defective highway or
street may cause or contribute to motor vehicle accidents. Sometimes the
governmental entity is held liable for a single car accident that occurs
on defectively designed streets and roadways.
Poor maintenance and
inadequate signage may also be a contributing factor to an accident. For
example, the shoulders of roadways must not present an unreasonable risk
of harm to traveling motorists. Liability may arise where the shoulders of
the roadway have not been properly maintained. When there is ongoing
construction there is a duty to warn motorists of any danger presented by
such construction projects.
Inoperable traffic lights,
improper signals and traffic control devices that are not visible may
serve as a basis for liability for the responsible entity.
The roadway itself has to be
designed to certain specifications and standards. The standards are
updated and changed from year to year. Without an expert experienced in
highway defect cases, it is almost impossible to know what standard
applies.
To successfully recover
against a public entity for a street or highway defect you must be able to
prove that:
-
the thing that caused your damages was in the custody of the entity at
issue;
-
the roadway was defective or created an unreasonable risk of harm or
injury; (3) the entity had actual
-
or constructive notice and did not fix the problem within a reasonable
length of time; and
-
the defective or unsafe condition was the legal cause of the victim's
injuries.
There is no legal requirement
that the roadways be in perfect condition and not every imperfection or
irregularity will give rise to a highway defect claim. Each case must be
evaluated on its own merit. That is why retaining an experienced lawyer is
extremely important.
Some states have enacted legislation to place a limit on the amount an
injured party can recover against a political subdivision or governmental
entity.
If you or someone your care
for has been injured in an auto accident , call
800-437-2571 anytime for a free no obligation confidential
consultation with one of our lawyers experienced in handling auto accident
claims or use our convenience Free Case
Evaluation submission form.
Should you decide to retain our services, we will work on a 100%
contingent fee basis. Simply stated, we get paid for our services only if
we recover monies on your behalf from the insurance company.
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