Poor Road Design
Poor road design contributes to hundreds of car accidents each year. Knoxville car accident attorney Mark C. Hartsoe represents victims who have been injured in accidents caused by defective roads and highways. Mr. Hartsoe is a seasoned lawyer who is committed to helping his clients recover compensation for their car accident injuries. If you were hurt in a car accident caused by a poorly designed road, contact us today.Poor Road Designs
A poor road design is just one type of highway or road defect that can cause or contribute to a car wreck. Every Tennessee resident or visitor expects the roads to be properly designed and safe to drive on, but that is not always the case. Roadway conditions contribute to almost 53 percent of car accident-related deaths and injuries each year, according to a 2009 study on the dangers of deficient roadways conducted by the Pacific Institute for Research & Evaluation.
- Poor road designs include a range of unsafe and dangerous conditions, such as:
- Poorly designed intersections
- Improperly placed or missing height warnings on bridges
- Lack of guard rails
- Dangerous curves, inclines, or declines
A poor road design can increase the severity of a resulting crash, even if it is not the primary cause of an accident. Combined with other factors, such as a reckless driver or a mechanical malfunction, a poorly designed road can lead to catastrophic and fatal injuries in an accident.Liability for Poor Road Designs
A car accident victim may hold more than one party liable if they were injured as a result of a poorly designed road. Several parties may be responsible, including a private entity, such as an engineer or architect, or a government agency or municipality.
For a private entity to be liable, a victim has to show that the poorly designed road was a result of the entity’s negligence. The victim must demonstrate that he or she was owed a duty of care; that the duty was breached; and that the breach was the cause of the injuries suffered by the victim.
A personal injury claim against the government is more complex. To hold a government agency or entity responsible, the victim has to overcome the government’s immunity from personal injury lawsuits. In Tennessee, the government is immune if the injury resulted from the execution of its governmental functions unless there is a statutory exception. An exception exists for injuries that are caused by unsafe conditions on roads or highways. To lift the immunity, the victim has to show that:
- A defective, unsafe, or dangerous condition exists
- on a street or highway controlled by the government, and
- the condition caused the victim’s injuries.
Even if a victim is able to show that the government is liable, the amount he or she can recover from the government is capped. A car accident victim’s injuries can very well exceed the capped amounts, which is why it is important to ensure that all at-fault parties are held accountable by consulting with an attorney familiar with the complex nature of car accidents that involve poor road designs.Recovering Damages for Your Losses
A poor road design can cause injuries that take years to heal, or that result in death. If a poor road design caused or contributed to a car accident, and you were injured as a result, you have the right to seek compensation for your injuries. You may be able to recover for your medical care, lost earning capacity, pain and suffering, and property damage. If your relative died in car accident on a poorly designed road, you may have the right to file a wrongful death claim against the parties responsible for the accident.Dedicated to Fighting for Your Rights
Knoxville personal injury lawyer Mark C. Hartsoe has the experience, commitment, and resources to help you if you were hurt in a car accident caused by a poor road design. Mr. Hartsoe has spent decades representing victims in personal injury claims, and is ready to fight for you. He will analyze the accident scene, go over your legal rights and options, and represent you in your case. Call us today at (865) 524-5657 or reach us online for a free consultation.