According to the U.S. Centers for Disease Control and Prevention (CDC), more than 35,000 deaths occur each year due to roadway accidents. Many accidents are a result of negligent roadway design. This makes roadway accidents a leading cause of death in the U.S., according to data from the U.S. Department of Transportation.
The vast majority of fatalities and severe injuries on dangerous roads are preventable. Most auto insurance policies are not capable of compensating someone injured or killed in a catastrophic accident. Therefore, regardless of the primary cause of a roadway accident, in any roadway fatality case or catastrophic injury case, it is important to investigate secondary potential causes including the design of the road.
The design and safety of the roadway should be assessed in any roadway fatality case. City authorities have a duty to clear roads of debris, snow, and other materials. If an auto accident occurs due to city officials failing to create safe roads, a municipality can be held liable. Roads may also be unsafe due to poor road design and traffic signal placement.
One safety study concluded that negligent highway design and conditions are a factor in more than half the fatal crashes in the United States. Some common design flaws may include:
- Sharp Turns
- Poor Road Maintenance
- Blind Spots
- Poorly lit roadways
- Poor Signage
- Unsafe on and off ramps
- Excessive speed limit
- Narrow shoulder or no shoulder
The law on sovereign (governmental or subdivision) immunity is a complex area of law. Each jurisdiction may have different applications and exceptions to any broad immunity.
In Ohio, under R.C. 2744.02(B), “Municipalities are liable for injury, deaths, or loss to person or property caused by their negligent failure to keep public roads in repair and other negligent failure to remove obstructions from public roads.”
The Lyon Firm can research this issue for your jurisdiction and make a determination as to whether there is an immunity defense that is surmountable. In most cases, there is an exception to immunity.
Who is Liable for Poor Roadway Design?
There may be several causes of a road accident, and following an incident, an investigation may uncover surprising factors that may have led to a crash and a subsequent injury. An experienced personal injury and traffic accident attorney can work with Accident Investigators and assist you in putting all the pieces of the puzzle together.
A collision can be a very traumatic event, and all the facts must be properly aligned to build the strongest case possible. Road accidents may be caused by the negligence of another motorist, or the negligence of those maintaining the roads themselves.
In recent years, The Lyon Firm has represent plaintiffs in several auto accident cases and obtained large settlements on behalf of families who suffered the loss of life and permanent injuries. For more information regarding dangerous roads and related accidents, contact an experienced catastrophic injury lawyer.
The Lyon Firm is dedicated to improving consumer safety and road safety. When accidents occur as a result of unsafe or poorly designed roads, a lawsuit may be filed on behalf of injured plaintiffs.
Municipalities and other road construction firms may be responsible for maintaining and constructing safe roads, and when accidents occur due to poor design or safety product defects, they may be held liable for injuries that result.
Recent years have seen more auto accident and road fatalities than ever before across the nation. The annual surge in road deaths contradicts all the new safety features on cars and trucks, like electronic stability control, rearview cameras, adaptive cruise control, automatic braking, and blind-spot monitoring.
It seems the safety systems can only prevent so much reckless driving, and perhaps drivers are putting too much faith in car safety systems and paying less attention to the roads.
The vast majority of car accidents and fatalities on dangerous roads are preventable. Regardless, accident victims are left with large medical expenses, many months worth of lost wages, physical and emotional pain and suffering, and, in many cases, permanent injuries or death.
