Road accidents are often a result of human error, but that’s not always the case. While the driver’s fault causes 94% of vehicle accidents, not every road accident occurs because the driver made a mistake. Sometimes, it is the defect in the roadway that can lead to a car crash.
A classic example of faulty road design was a section of the Monterey Highway between San Jose and Morgan Hill that led to several car crashes on the 4-lane highway. While the design of that section of the highway has been revised and Blood Alley no longer exists, several other dangerous roads in and around San Jose still do. Faulty road design and poor road conditions result in road accidents, but who is responsible for such incidents on the road? If you or your loved one has been involved in a roadway accident due to the road’s design flaw, in San Jose, it is best to hire dangerous roadway accident lawyers in San Jose. So, you can sue the concerned party and claim the damages.
Common Road Defects That Can Cause Traffic Accidents
While negligent driving remains the leading cause of traffic accidents, poor road conditions and faulty design also contribute to disasters on the road. Some common road design problems that can result in a car crash include the following.
Inadequate Road Maintenance
Inadequate maintenance and road defects are often considered complementary causes of car accidents. A road defect that requires timely maintenance can result in a devastating crash if the road conditions are not corrected through regular maintenance.
Poor Road Conditions
Poor road conditions lead to severe car accidents even when the responsible government agency takes appropriate measures to maintain the roads regularly. An example could be a pothole that can be caused by seasonal changes, such as following the thawing of snow.
While government agencies get some time to figure out the problems on the road and repair any potentially dangerous condition, if they fail to do so within the provided time frame, the concerned agency will be liable for an accident occurring due to poor road conditions.
Faulty Road Design
Several types of defects pertaining to road design can put drivers at risk, such as steep ascents or sharp road turns. Failure to place appropriate road signs also falls into this category of road accident causes, as road signs are considered an integral part of road design.
Who to Sue for a Car Accident Caused by Faulty Road Design?
The answer to this question depends. While you may not be able to file a claim against another passenger vehicle driver, you can still file your claim against the government or sue a private contractor responsible for an accident.
Some possible parties you can sue in road accidents due to poor road design or condition include the following.
- The concerned government agency responsible for maintaining the road (can include local, state, or federal government),
- A private construction business that contracted with the government and was responsible for building, repairing, or maintaining the road,
- An individual landowner who owns the property on which the accident occurred, such as a private road with a faulty design or poor maintenance, or
- The manufacturer of road safety equipment who delivered defective products or equipment.
Since road accidents resulting from faulty road design involve several stakeholders, it is easier to prove the fault of the concerned party once you hire a seasoned dangerous roadway accident lawyer. It is particularly true if you want to file a claim against the government, as it can be challenging to do it independently.
Fight for Yourself – Collaborate with an Attorney
If you have survived a dangerous road accident due to a road design flaw, contacting an attorney as soon as possible is best to get your rightful claim.
