Understanding Negligent Road Design Accidents

In many cases, car accidents are caused by one or both drivers being distracted, being impaired, or driving recklessly. However, in some cases, the actual road design or construction materials can create enough of a hazardous condition to cause an accident. If you would like to know more about negligent road design accidents and what you should do, check out these three commonly asked questions.

1. What Is a Negligent Road Design Accident?

You are responsible for following the rules of the road and driving defensively. At the same time, the city is responsible for keeping those same roads in good condition. If the city failed to maintain the roads, it could lead to an increased risk of accidents, even when everyone follows the rules of the road.

2. What Are Common Examples of Negligent Road Design?

There are many examples of negligent road design, but some of the more common include lack of maintenance. If the city ignores the roads, this can develop potholes and broken guardrails. In some cases, the materials used to craft the road increase the risk of potholes and similar damage.

Some defects, however, are not caused by maintenance. This includes poorly graded curves, poor exit ramp design, uneven shoulders, and obstructive landscaping. In some cases, part of the landscaping (e.g. trees or boulders) may even fall onto the road.

Finally, in some cases, the poor road design has little to do with the actual road. If traffic lights are not timed correctly, or if traffic signs are missing or hidden by landscaping, it can drastically increase the risk of an accident.

3. What Should You Do After a Negligent Road Design Accident?

After any accident, there are several steps you should take: get photos, get witness statements/contact information, call the police, visit the doctor, and contact your insurance agency. However, if the accident was caused by negligent road design, make sure to get lots of photos of the negligent design as well.

If you're going to sue for your damages and injuries, you'll want a skilled attorney because proving your case can be hard. First, your attorney will need to determine who is responsible: the city, the state, etc. In some cases, multiple people can be held responsible.

In addition, they need to prove the government was responsible to keep the road in good condition and they were negligent in doing so. However, proving negligence against government entities can be hard.

Even if a pothole damaged your car, your claim may be denied. However, if your attorney can find other people who have been injured or had their car damaged by the pothole, you have a better chance of proving the government should have known about the hazard and fixed it. Similarly, if a tree suddenly falls in the middle of a storm, causing you to crash, you may get nothing. However, if your attorney can prove there was long-term erosion that caused the tree to fall, you have a better chance of winning your case.

Even if you can prove your case, the government will often try to push back and put some responsibility on you. This is because California follows comparative negligence. This means that if you are partially responsible, your settlement is reduced by a comparative percentage.

Car accidents are always stressful and can often lead to major injuries and damages. In some cases, the drivers aren't to blame because the government failed in keeping the roads well-maintained. If you would like to know more, or if you need to hire an attorney, contact us at Frank Penney Injury Lawyers today.