Inadequate Road Signage Contributed to Accident – Can I Sue the City or State?
Provided by HG.org
Road construction and deterioration often affects drivers to the point that a car crash occurs, and the damage may be significant or include bodily harm which requires medical treatment. When there is inadequate warning or signs to explain the construction or other road problems, the individual may have a case against local government agencies or companies tasked with resolving the matter.
When roads, highways and interstate pathways require construction due to complications in the road or degrading concrete, there are certain projects initiated by the local municipality or with the state. These instances lead to warning signs, workers in or around the road with signs and detours so drivers are well aware of any problems or alternate routes that are needed to remain on the road. While the motorist may face fines or penalties when driving too fast or violating road rules in these designated areas, it is also a requirement that the state or city ensure the drivers are made aware of where to drive slower and proceed with caution.
When the construction project is not maintained as it should be, there are various locations that lack signs or adequate warnings to drivers. It is when the employees of the government involved in the road construction are proven to have been negligent in these duties that it may be possible to sue the state or city government agency. Maintenance of roads without proper warnings or signs could lead to accidents. These collisions then often include injuries and extensive damage to property and vehicles. At that point, medical treatment is necessary and could exceed thousands in bills. It is important to contact a lawyer for assistance.
There are numerous issues with roads that require constant construction. Many of these that are most harmful to the vehicles that drive over them are potholes. These are eroded areas of the street that sink a tire or other part of the car into more of the road and could have sharp areas that damage tired or scrape metal. Other defective roadway issues could include guardrail damage, medians lacking lines, lanes without lines, curves that need adjustments, traffic signal problems vegetation that has overgrown and obstructed view of warning signs and similar problems. These are resolved through employees placing signs up to work until the matter has been removed.
Damage Leading to Possible Collisions
When merging lanes are flawed or road surfaces have poor grading, the vehicles on the road could sustain damage. If a person has passed over an unsafe surface, he or she could drive his or her car into another or run over a person. However, the most dangerous situation usually involves a construction zone poorly explained or a warning sign that is obscured. When a driver is unaware that road construction has begun, he or she may not be aware that he or she should slow down or prepare for a stop. Other areas of the road could have increased height or a shoulder that has been removed. These instances may lead to a collision or injury.
Pursuing a Claim
When damage or injury have been sustained due to the poor signs used to show that road construction is near or about, it is possible to pursue a claim against an agency or company. The city or state has a duty of care owed to the drivers when construction is necessary on the road. The corresponding Department of Transportation is usually involved in these projects. The construction usually requires certain standards, procedures and signs used for drivers. This prevents road disasters and keeps liability to a minimum. However, when the correct guidelines are not followed, a driver or passenger may have what is needed for a claim.
When the road is unreasonably dangerous during road construction, foreseeable danger is not quarantined or the city has not provided the proper signs to deal with the issue, it is possible to seek a lawyer to pursue action when property damage or physical injury occurs. Defects in the road are often severely grievous when the construction is extensive. This generally leads to a lawyer hired and a civil claim started. Negligence by the city or state in these matters could result in the victim being awarded compensation from the local, city or state government agency responsible for the construction project. However, it is important to gather as much evidence as possible and consult with a lawyer completely before pursuing action.
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer.