There are many factors that can contribute to a car accident, including driver negligence, poor road conditions, weather and defective road construction. You may not realize that faulty highway design is often to blame for motor vehicle collisions, but state and local government agencies may be held accountable for negligent engineering.
Enter the on-ramps at Interstates 40 and 27 in Amarillo: Drivers have been complaining for years that they’re just too short to be safe. If you or a loved one suffered injuries due to a collision that you believe resulted from defective road design, there are a few things you need to know.
Do I Have A Case For Personal Injury Due To Defective Highway Design?
While only a qualified attorney can tell you whether you should pursue a case, there is some basic information that will be helpful. In a typical personal injury case based on defective road design, you have to prove that:
- The government agency owed a duty to use reasonable care in designing the roadway for drivers;
- The agency failed to abide by this duty;
- The breach of duty caused injuries to you; and,
- You sustained damages as a result.
The legal concept of damages includes all losses that you experience due to the accident that was caused by the defective highway design. You may be entitled to compensation for such harms, including amounts for pain and suffering, loss of income and other monetary losses.
Can I Sue For My Losses?
Cases involving defective highway design are unique because the defendant is the state or local government agency that developed the road. At one time, cases against the government were prohibited by a concept known as “sovereign immunity.” However, 1946 Federal Tort Claims Act was passed to allow injured parties to sue the government when a breach of duty causes damages.
Do I Need To Hire An Attorney To Represent Me?
From a legal standpoint, it’s not necessary to retain legal counsel to handle your personal injury case. Still, it’s highly recommended that you hire an attorney, as these experts have the knowledge and experience needed to protect your interests and pursue your right to compensation. Negotiations, document preparation and court appearances require a legal background. You’re at a disadvantage if you don’t have a strong advocate acting on your behalf.
The attorneys at Stockard, Johnston, Brown, Netardus & Doyle, P.C. have extensive expertise and experience in handling all types of personal injury cases. Please contact our office to speak with a lawyer about your case.