New York Defective Roadway Design Accident Lawyer

Types of Defective Roadway Designs

At Dansker & Aspromonte Associates LLP, we understand that unsafe roadway designs can significantly contribute to car accidents. There are numerous types of defective roadway designs that could lead to these unfortunate incidents, too. Not all cases are the same, so it is important to work with a law firm that knows how to investigate the crash and get to the bottom of the situation.

Defective roadway designs can lead to unsafe conditions for both motorists and pedestrians, such as:

• Missing or blocked signs.
• Blind curves.
• Construction areas that cause unavoidable hazards.
• Inadequate natural hazard protection (such as protection from mudslides or falling rocks).
• Insufficient highway on and off ramps.
• Lack of barrier or dividers.
• Poor construction of roads or shoulders.
• Road marking problems, including markings that aren’t visible.
• Road surface issues like cracks or potholes.
• Traffic flow patterns that don’t properly consider traffic speed and density.

How Roadway Defects Affect Drivers

In the best of conditions, driving a car can be difficult, mainly due to other drivers who create dangers on the road. The risk of a car accident only goes up when poorly designed or damaged roadways make it more difficult for a driver to safely operate a vehicle. We can investigate your accident to see what roadway defect existed and how that likely increased your risk of a crash.

A few ways that your driving ability could be affected by a roadway defect include:

• Poor traction: Defects like potholes, cracks, or uneven surfaces can reduce traction, leading to loss of vehicle control.
• Hydroplaning risk: In wet conditions, poorly maintained roads with improper drainage can increase the risk of hydroplaning, where a vehicle loses contact with the road surface and skids uncontrollably.
• Increased stopping distance: Slippery surfaces or loose gravel can increase the distance required to stop a vehicle, potentially leading to rear-end collisions.
• Visibility issues: Defective or missing road signs and markings, or poorly lit roads can make it difficult for drivers to see upcoming hazards or know where to go.
• Damage to vehicle: Large potholes or debris on the road can cause immediate damage to a vehicle, potentially leading to an accident.
• Forced evasive actions: Unexpected roadway defects can force drivers to swerve suddenly or brake hard, which can lead to collisions with other vehicles or roadside objects.
• Distraction: Worrying about avoiding road defects can distract drivers from other important tasks like watching for other vehicles or pedestrians.

Liability for Roadway Defects

Proving negligence in a roadway design case is often complicated. Depending on the location of the accident, there could be state, federal, and municipal organizations responsible for the design, maintenance, and construction of the road in question. Our New York roadway defect lawyers have the experience and resources required to handle these complexities without delay or further issues. We can make sure that the proper parties are held accountable while fighting for fair compensation that considers your injuries and losses.

Evidence that can prove a roadway defect caused your crash might include:

• Photographs and videos: Take clear pictures or videos of the defective roadway from multiple angles. This will help to document the exact condition of the road at the time of the accident.
• Police reports: If law enforcement was called to the scene of the accident, their report could include useful information about the conditions of the road, the cause of the accident, and any other relevant details.
• Witness testimony: Statements from witnesses who saw the accident can be crucial, especially if they noticed the road condition contributing to the accident.
• Expert testimony: Experts in fields such as traffic engineering or accident reconstruction can provide valuable insight into how the roadway defect could have led to the accident.
• Maintenance records: These can help establish whether the responsible party was aware of the defect but failed to fix it.

Complications When Filing Against the Government

Most roadway defect lawsuits are filed against a government entity because it is typically the government's responsibility to maintain public roads. This includes city, county, state, or federal government agencies that have jurisdiction over the road where the accident occurred. These agencies are expected to ensure that roads are safe for use, which includes repairing potholes, maintaining clear visibility of signs and traffic signals, ensuring adequate street lighting, and addressing any other potential hazards.

However, filing a claim against a government entity can be more complicated than filing a case against a private entity or individual, due to the following reasons:

• Strict deadlines: Claims against government entities often have very strict deadlines. It isn’t unusual to have as little as 180 days to file against the government or one of its departments.
• Procedural hurdles: There are often more procedural requirements when suing a government entity. This might include filing a formal claim before proceeding with a lawsuit, which must detail the circumstances of the incident and the damages sought.
• Complex legal process: The legal process can be more complex and challenging due to the involvement of government attorneys and the need to navigate through any legal immunities and exceptions that could be present.