Was Your Accident Caused by a Roadway Defect?

In most accidents one of the drivers was somehow responsible. Determining responsibility is necessary before anyone can be compensated for their injuries and losses. When an accident is caused by a roadway defect it can make the process very confusing. Roadway defects can give the illusion of driver error. In worst case scenarios an innocent driver can even be convicted of a crime that he or she didn’t commit.

What really happens after an auto accident
Once immediate medical emergencies have been addressed, the first thing that police do after a traffic accident is try to determine what happened and who is at fault. Some act objectively, honestly trying to determine who was responsible for the accident and why. Others are just trying to figure out who to ticket so they can meat their quotas. Insurance companies start looking for someone to blame, preferably someone other than the person that they are insuring. You, the victim, are left in the middle, trying to stay out of jail and hoping that the insurance company of the person who caused the accident will cough up the money that they owe you so that you can get your car fixed, pay your hospital bills, and pay the back rent for the time you missed from work while you recovered.

In most cases, no one is even checking for roadway defects as the cause of the accident. If it is a known defect, and especially if there is a history of accidents caused by the defect, someone is probably working very hard to cover it up, get rid of the evidence, and do whatever it takes to keep from getting sued.

What is a roadway defect?
It sounds like a technical term, but a roadway defect is anything wrong with the road, including structural or design defects in the road itself, and signs or signals. Roadway defects which often result in accidents include:
• Malfunctioning traffic lights
• Missing or obscured stop signs
• Missing, obscured, or confusing yield signs and other signs meant to control the flow of traffic
• Failure to post warning signs or signals
• Inadequate or malfunctioning warning signs or signals
• Inadequate or insufficient notification of impending conditions such as construction zones, merging traffic, or hazardous weather conditions
• Inadequately with highway division status, line striping and edge lines
• Shoulder drop-offs
• Inadequate or insufficient notification of changes in the shoulder
• Excessive oil and/or gravel
• Debris which has not been removed in a timely fashion
• Potholes
• Defective street lights
• Improper road design
• Dangerous intersections which have not been modified despite past accidents

Who is responsible for accidents caused by roadway defects?
Most roadways are the responsibility of government entities - federal, state, county, or city agencies or departments. This adds a significant layer of complexity to your case. Lawsuits involving government entities are different to lawsuits involving individuals and businesses, and involve different procedures, time limits, and notification requirements.

Revealing and proving roadway defects
Some defects are easy to spot, but not visible to drivers in time to avoid the accident. If you already know that a defect caused your accident, you must collect evidence immediately, before the defect is corrected.

Defects that were not noticeable at the time may begin to be revealed as your review driver and witness statements. For instance, when everyone involved in an accident in an intersection vehemently claims to have had the right of way, it is very likely that a malfunctioning traffic light caused the accident.

Some roadway defects have a history of causing accidents. Some are well documented, and some are not. These defects often go uncorrected to save money and because correcting the defect can be interpreted as an admission of fault, leaving the responsible party open to multiple lawsuits.