All too frequently, motorists are injured or killed due to the poor design and maintenance of a road. Most drivers do not realize how many dangerous roads in Arkansas including highway defects there are. A large number of roads, bridges, overpasses, exit ramps, and intersections are in disrepair or need updating to modern standards such as the Manual on Uniform Traffic Control Devices (MUTCD). The entities that design, construct and maintain our roads may be accountable for any dangerous and defective conditions that cause these serious accidents. Unfortunately, law enforcement officers and even lawyers often fail to consider the design or maintenance of a road when evaluating a motor vehicle accident.
The State of Missouri, or Missouri Highways and Transportation Commission (MHTC), and local municipalities can be held liable for accidents or injuries that occur as a result of dangerous road conditions. We address the following dangerous road cases:
- lack of guardrails and shoulders
- improperly located median barriers
- obstructive telephone poles and utility pole lawsuit
- narrow bridges
- uncovered drainage ditch lawsuits
- obstacles in the road
- poor drainage and water run-off
- incorrect or inadequate signage
- pothole lawsuits
- rough or unpaved road surface
- improper grading
- trees and other foliage blocking stop signs and other roadway signs
- malfunctioning traffic lights
- construction site violations
- many other negligent traffic design or road defects
Because these entities are part of the government, they may enjoy special protection. Sovereign immunity, for example, may shield them from liability in tort. See, e.g., Cain v. Missouri Highways and Transp. Com'n, 239 S.W.3d 590 (Mo. 2007). Also, some state laws and city charters require that written notice of claims be given to the mayor or some other officer within a specified period after an injury. See, e.g., Mo. Rev. Stat. 82.210. Accordingly, the plaintiff must plead that his personal injury or wrongful death claim is based on a dangerous condition on public property, such as roads and highways, and invoke the statutory waiver of immunity under Mo. Rev. Stat. 537.600. He must also be prepared to make a determination of whether the property is owned by a municipality and whether written notice needs to be delivered. See, Jones v. City of Kansas City, 15 S.W.3d 736 (Mo. 2000)(holding that the notice requirements do not apply to dangerous conditions of items such as traffic signals).
Lawsuits on Highway Projects
Actions for damages based on dangerous or defective road conditions require immediate attention. In addition to the pleading and notice requirements discussed, evidence must be collected as soon as possible because the conditions may change naturally or go through subsequent repair. Therefore, it is essential that you contact the right attorneys as soon as possible.
At Bautista LeRoy LLC, we have extensive experience in investigating and prosecuting cases where people have been injured or killed due to the dangerous or defective roadways. When you hire our firm, we will advance all costs associated with representing the client. If we do not win your case, the firm takes on the losses of the litigation costs. In fact, we only get compensated when we win the case. Simple as that. Give us a call at 479-208-6614 or contact us online.
Summary
Many road accidents are reported to be caused by the motorist, failing to consider that road conditions may also be the main reason for these tragedies. Defective roads, if not addressed immediately, can result in tragic injuries to victims. Therefore, it is appropriate to consider the factors of common road hazards, such as:
- Infrastructure issues - these include a lack of guardrails and shoulders, narrow bridges, misplacement of the median barrier, or uncovered drainage ditches
- Negligent maintenance - potholes and rough surfaces, improper grading, poor drainage and water run-off, or malfunctioning traffic lights
- Hazardous obstructions - telephone and utility poles, foliage blocking signage, or construction site violations
In these accidents, local municipalities, design and construction companies, or State Highway Commissions may be held liable if it is proven that their plans, actions, or decisions on the road caused the accident. This is made even more difficult because government entities enjoy sovereign immunity, a legal protection from liability. Because of this, immediate legal action is required to ensure that victims receive the compensation they deserve.
Bautista LeRoy LLC offers legal representation. Our legal team focused on investigating and prosecuting cases involving dangerous and defective roads. We ensure we meet the strict statutory requirements, formally invoke statutory waivers of immunity, and gather evidence immediately. All of this effort is to ensure justice, fair compensation, and security of the victims and their families.
Do you have legal questions? Visit our website or call 479-208-6614 for a free legal consultation.
Can I actually sue the government for a bad road?
Yes, you can. Even though government entities hide behind sovereign immunity, the law still allows a statutory waiver of immunity if it can be proven that a dangerous condition of public property has caused the victim's injury.
What counts as a dangerous road condition in Arkansas and Missouri?
Dangerous road conditions can include a variety of factors that are often overlooked by police and lawyers. These common road hazard factors include:
- Infrastructure issues - these include a lack of guardrails and shoulders, narrow bridges, misplacement of the median barrier, or uncovered drainage ditches
- Negligent maintenance - potholes and rough surfaces, improper grading, poor drainage and water run-off, or malfunctioning traffic lights
- Hazardous obstructions - telephone and utility poles, foliage blocking signage, or construction site violations
Why is there such a rush to file a claim?
Immediate legal action is needed for two main reasons:
- When an accident involves the government, the state laws require a formal written notice of claim to be delivered to a government official within a short period of time after the accident. Missing the deadline means missing your right to legal compensation.
- Road conditions can be quickly repaired by workers, which is why victims need to get enough evidence immediately. No evidence means a weak or no case.
What if I cannot afford to take on a massive state agency?
Worry no more! In Bautista LeRoy LLC, you do not have to worry about the bill. Our firm works on a contingency fee basis. Our legal team advances every single cent of the litigation costs. You will not pay any amount unless we win your case and secure compensation for you. All of these so you can pursue justice without financial risk.
