Car Accident Causes: Bad Roadway Maintenance

Sometimes it's the road, not just the driver, that's negligent

Auto accidents can happen not only due to another driver's negligence, but also because a road or highway was designed improperly. When the state or local government responsible for the design or maintenance of a roadway fails to design the road properly or to maintain the road in good condition, you have a right to hold that governmental entity responsible for your harms and losses.

These types of cases can come in many different forms. For example, a roadway with a dangerous curve near a cliff with no guardrail could be negligently designed. Or, a road that is getting bridgework done might not have adequate warnings or blockades preventing drivers from going over the bridge. It can also be as simple as a government's failure to maintain a roadway, such as filling in potholes or repairing overpasses.

Roadway cases also have their own set of challenges. Many of these cases face sovereign immunity limitations such as caps on damages or an outright bar to recovery. These cases can also be subject to mandatory arbitration (though this can also be a good thing). They also generally require the use of experts, so economic feasibility can also be a concern.

Roadway design or maintenance cases, although rare, are serious cases and can make a difference in a motor vehicle accident case. If you have been in a car accident and think it may have been the result of a roadway design or maintenance issue, please feel free to contact a Kansas City car accident attorney at the firm any time. Attorney Matthew D. Meyerkord has many years of experience with these types of cases and can investigate them for you.