While the majority of car accidents are caused by driver, an alarming number of accidents in the U.S. every year are caused by defects on roads and highways. In fact, one-fifth of all fatal accidents involve a single vehicle that runs off the road and collides with a stationary object.
These dangerous, and sometimes deadly, accidents can be the result of defective road design, construction, or maintenance. Whether or not an accident victim can make a recovery for injuries caused by the accident, depends on what party was responsible for the design, construction, and maintenance of the road.
Federal and state laws passed over the years are intended to protect drivers and their passengers from hazards caused by dangerous and defective roads. These laws set conditions for companies that design and build public roads. These standards dictate the placement of warning signs, guardrails, and road grade levels.
Despite these standards, however, many drivers fall victim to serious accidents every year. Some of the design and construction defects that cause accidents include:
Once the roads are constructed, governmental agencies in charge of roads have a high legal duty to remove debris and obstacles in a timely manner. The private companies hired to do the work must also meet clearly-mandated safety standards for construction and safety as well. Some common road maintenance defects include:
When roads are maintained by a private business entity, the lawsuit for negligent design or maintenance may proceed as any other personal injury lawsuit. Unfortunately, however, most accidents occur on public roads maintained by the state or other governmental agency. Under the doctrine of sovereign immunity, a government may not be sued unless it consents to the lawsuit.
Fortunately, all states including Colorado, have enacted some type of legislation that counteracts this immunity. The conditions, however, places very strict rules on how the lawsuit can proceed, including short deadlines and requirements on content. The slightest mistake could cost you the right to hold the government responsible for your road defect car accident injuries.
If you or someone you love has been injured in a car accident in Denver, Aurora, Littleton, or anywhere in the State of Colorado, it is important to know that the law is on your side. You have a right to seek compensation for your injuries and for any damages that have occurred. Contact the law firm of Fuicelli & Lee, PC, for a free case evaluation. You pay nothing unless you receive a financial settlement or award. Call our office at 303-355-7202 or fill out our confidential contact form.
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