There are a number of reasons why auto accidents occur. However, many people don't realize that poorly designed and improperly maintained roads lead to thousands of serious car, truck and motorcycle accidents throughout theUnited States. With respect to poorly designed roads, have you ever avoided a specific intersection with a reputation in town for being an accident hazard? Or, have you ever read the editorial section of your local newspaper where people are screaming for something to be done about the poorly designed merger lanes on your local highway? For several reasons, poor roadway design can lead to an increased incidence of auto accidents, such as by (i) making it difficult to see other drivers or pedestrians, (ii) having inadequate or confusing signs and signals, (iii) not being properly lit at night, (iv) having uneven or inadequate surface material, or (v) containing roadway material that creates hazardous driving conditions during inclement weather.
Not only can poor roadway design be hazardous, the failure to properly maintain a road can also be a major factor in causing an accident. Have you ever driven on a road that has more holes on it than a piece of Swiss cheese wondering for years why it has never been repaired? Or, have you ever been involved in an accident because the state transportation department failed to properly clear ice and snow on the roadways in your town? Whether it be the existence of potholes, poorly maintained trees and bushes that obstruct driver visibility, or areas – due to disrepair – that are susceptible to flooding, these conditions can lead to serious, and fatal, car accidents.
It may be difficult to pursue a claim for poorly designed and/or inadequately maintained roads, given that most roads are public. As such, a defense of “governmental immunity”, defined as an exemption to liability when a suit is brought against a government without their consent, may be available when claims arise due to the government's failure to take action to either prevent or address the alleged hazardous condition. Issues of improper notice may also be raised, given that the governmental entity may claim that they are either unaware of the dangerous condition, or have not had adequate time to respond to address the safety concerns.
In dealing with car accident claims against local and/or state governments, it is crucial to speak with aKansas City personal injury attorney who is familiar with the defense of sovereign immunity and how to properly challenge it. At the Law Offices of Roger W. Mclean, our skilled auto accident lawyers have the knowledge and experience necessary to handle any case, no matter how challenging or complex. When facing personal injuries, don't take chances with attorneys who