Millions of people drive the streets and highways of Washington State every year trusting that the government has properly designed and maintained those roadways for safe use. However, not all roadways are in good condition, and preventable personal injury can occur when drivers encounter unexpected hazards. Safe design requires that road users must have sufficient time to be able to see, process and react to roadway conditions. Highway design and maintenance problems that can cause serious automobile accidents include:
- Lack of proper signage regarding safe speed, approaching curves or approaching hazards
- Defective or inadequate traffic controls, such as stoplights, stop signs, or lane or road edge striping
- Lack of proper guardrails
- Visual impediments along the roadway such as bushes or trees that were not adequately cleared during construction or trimmed as they grew
- Road shoulder drop-off that prevents drivers who have left the roadway from safely re-entering
- Excessive oil or gravel due to resurfacing or road maintenance procedures
- Failure to alert drivers of road damage or other dangers caused by potholes, water pooling or ongoing construction
If you are involved in a car accident that may be caused by poor highway design or maintenance, obtaining adequate compensation can involve complex litigation. In most circumstances, expert witnesses with backgrounds in highway design and safety must be hired to analyze your claim. You most likely will have to bring a claim against the State, a county or a city for its negligence. While the general rule of law is that roadways must be maintained in a safe condition for the users of the roadway, there is room for interpretation as to what this requires. In all likelihood, the government will deny liability for your damages and require that you prove the reasons supporting legal fault.
When you are trying to prove a claim against any government entity, having experienced legal counsel will make a tremendous difference in the outcome of your case. The attorneys at Rush, Hannula, Harkins & Kyler PLLC, understand how to prepare claims involving highway design and maintenance. Our lawyers are familiar with the depth of investigation and research necessary to prove negligence, and we work closely with respected expert witnesses who can provide relevant technical testimony where appropriate.
When an accident occurs as a result of poor highway design or maintenance, contacting a knowledgeable attorney quickly is important. The government will act quickly in order to protect its interest, and so should you. There are claim filing requirements and statutes of limitation that can impact your ability to file claims at a later date, so legal action must be taken promptly in order to receive any financial compensation.
If you suffered serious injuries after an accident resulting from poor highway conditions, call the trial lawyers of Rush, Hannula, Harkins & Kyler PLLC now at (253) 383-5388 or click here to submit a FREE case review. Let our experience work for you.
Get Started
Do you have a case?
At Rush, Hannula, Harkins & Kyler PLLC we have the skill and experience to take on a wide range of personal injury cases throughout Washington state. From motor vehicle accidents to workplace injuries – our reputation and success rates keep opposing counsel on edge.
Frequently Asked Questions
We have answers to some of the most common Washington personal injury questions. These are resources for injury victims.
Do I need a lawyer to file a personal injury lawsuit?
It is not necessary to retain a lawyer to file your personal injury lawsuit. You should base your decision to involve an attorney on a reasonable assessment of the pros and cons. Rush, Hannula, Harkins & Kyler PLLC is a highly reputable personal injury law firm that has served Washington since 1959. We deliver value to our clients that far outweighs the fees we collect. But before you retain any attorney, you have to be satisfied that the benefits exceed the costs. We offer these points for your consideration.
What is the statute of limitations in Washington for personal injury?
A statute of limitations is state law; throughout the country, different states set different time limits for identical causes of action. Within each state, different causes of action have different time limits. In Washington, for personal injury lawsuits, the statute of limitations is three years.
How much does a personal injury lawyer cost?
The great advantage of filing a personal injury lawsuit is that most attorneys operate on a contingency fee basis. That means that rather than charging upfront legal fees or an hourly rate, the attorney works without compensation until the case resolves through a jury verdict or settlement. At that time, the attorney takes a percentage of the award. The contingency fee arrangement helps plaintiffs who could not otherwise afford the costs of civil litigation to pursue just compensation without worrying about expenses. It also means that your ability to retain an excellent lawyer does not depend on your ability to pay, but rather on the attorney’s assessment of the strength of your case, or the importance of delivering justice to someone in your particular circumstances.
How do I file a personal injury lawsuit in Washington state?
At Rush, Hannula, Harkins & Kyler PLLC, we want our clients to have an accurate picture of what a personal injury lawsuit entails. The process is rarely quick and easy; defense counsel and insurance companies often employ delay tactics to wear a plaintiff down. We offer this page as a primer for anyone who has a cause of action and is considering a personal injury lawsuit.
Our Impact
3,000+
Success Stories
The change you want to see happens when your story goes beyond the courtroom and makes an impact after the case is closed.
Let Us
Fight
For Your Story
We will demand the justice you deserve with relentless pursuit. On your side, is a firm ready and able to win.
