Can Road Design Cause Car Accidents? Proving Government Liability
Most drivers are familiar with encountering an intersection or road design that seems poorly thought out. But can road design cause car accidents, and if so, who is to blame? In some poor road design cases, it is the government agency responsible for the design, but holding them accountable can be a challenge.
What Constitutes Poor Road Design in North Carolina?
Poor road design can refer to roadway planning, layout, or maintenance decisions that create unreasonable risks for drivers. Road defects make ordinary travel more dangerous than it should be.
Some examples of poor road design include:
- Blind curves or hills that limit a driver’s view of oncoming traffic, hazards, or stopped vehicles
- Intersections with confusing layouts, missing turn lanes, or signals placed where drivers can easily miss them
- Roads with inadequate lighting, faded lane markings, or signs that don’t give drivers enough information or warning
- Shoulders that are too narrow, steep drop-offs, or unsafe merge areas that leave little room for error
- Drainage problems that allow water to collect and increase the risk of hydroplaning
How Road Design Defects Cause Car Accidents
When a driver cannot see clearly or does not have time to react due to road design defects, it becomes harder for them to control their vehicle, and increases the likelihood of a collision.
For example, a confusing intersection may lead to a side-impact collision, or missing signage or unclear lane markings may force drivers to make sudden decisions without fully being aware of their surroundings. In some cases, dangerous road conditions do not directly cause crashes but create conditions that make crashes more likely.
How to Prove Government Liability in North Carolina
Proving a negligent road design claim against a local or state government agency in North Carolina is a matter of gathering persuasive evidence that the agency in question failed in its duty to design and maintain a reasonably safe road. You will have to show that the agency knew about the dangerous road and failed to take necessary steps to address it.
Some types of evidence you might use to support your claim include:
- The official police report
- Crash scene photos and videos
- Traffic camera or dashcam footage
- Road design plans and maintenance records
- Prior accident reports from the same location
- Expert analysis from engineers or accident reconstruction professionals
- Witness statements about the road conditions and how the crash happened
Government agencies have what is called sovereign immunity, which means the government will not let you sue it unless it agrees to it. Claims against government entities for poor roadway design or poor road maintenance are typically brought under the Tort Claims Act. Our skilled Greensboro car accident attorneys understand the legal nuances of these complex claims.
Compensation Available in Road Design Defect Claims
You can pursue compensation for a full range of personal and financial losses following an accident caused by unsafe road design. It may include compensation for your medical expenses, lost income, pain and suffering, and other losses. The amount you seek and can obtain will depend on the unique facts of your case, particularly the severity of your injuries and how long they are expected to affect you.
Why Hire a Greensboro Road Design & Government Liability Lawyer
Our experienced road design car accident lawyers in Greensboro can support you after a crash by managing everything having to do with your claim. When you turn to the team at Ward Black Law, we will investigate the accident and show how poor road design caused or contributed to it. We will represent you in negotiations with the government entity responsible for the crash and its legal and insurance teams, and, if necessary, take your case to court.
Ward Black Law has a 30-plus-year track record of success in supporting our satisfied clients, for whom we’ve recovered over $150 million in compensation. Contact our experienced car accident attorneys now at (800) 531-9191 or contact us online to get started with a free consultation.