Car Accidents

How To Hold the Right Parties Accountable for Accidents Caused By Road Defect

According to the New York Department of Transportation (DOT), more than 300,000 motor vehicle accidents were reported in 2016. Motor vehicle accidents occur for various reasons. Although most accidents happen due to the negligent driving of another motorist, some accidents happen as a result of poor road maintenance or design. Road design defect car crashes generally result in catastrophic injuries that can significantly alter the victims’ lives.

If you or a loved one was seriously injured in a motor vehicle accident that was caused by a road defect or poor design, you may be entitled to monetary compensation. These cases are generally complex and require the legal assistance of a New York car accident attorney who has experience in handling road design defect cases.

Common Types of Road Defect Accidents

Most road design defect cases are not easily identified. This is because defects or poor road maintenance cannot be identified by a layperson. In order to properly determine if an accident was caused by a road design defect, it may be necessary to hire experts who can properly investigate the facts surrounding the case.

Roadways can range from state-of-the-art engineering to dirt roads in rural areas. The majority of our roads are generally maintained by the Department of Transportation for that particular area. In addition, many trips either start or end on private roadways, such as driveways or commercial parking lots. When the owners of these roads, whether they are private owners or governmental entities, fail to properly design or maintain the roads, serious defects can result. In many instances, these defects can result in serious car accidents.

Some common types of roadway defects that often result in accidents include:

  • Potholes
  • Inadequate drainage
  • Inadequate lighting
  • Malfunctioning traffic signals and signage
  • Missing guardrails
  • Lack of a proper shoulder
  • Excessive grade

Holding the Right Parties Liable

Most roads are public property, meaning the state and/or federal government is liable for the construction and maintenance. As such, the state or federal governmental entity is the party who may be liable for any resulting injury if they fail to properly design or maintain the road.

Government claims can be complicated, detailed and involve serious time limits. If you suspect that your car accident was caused by a road defect on public property, it is important that you immediately consult with an experienced New York road design accident attorney to ensure that you properly and timely file your claim against the right party.

Call a New York Car Road Design Accident Attorney Today

If you or a loved one has been injured in a car accident caused by a road defect or design, you may be entitled to monetary compensation. For more information or to consult with one of our experienced New York car accident attorneys, please call Gersowitz Libo & Korek, P.C. at 1-800-529-9997.

Jeff S. Korek, Senior Trial Partner

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