Dangerous Road Conditions Can Lead to Serious Accidents

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 roadway design requires that road users have sufficient time to see, process, and react to roadway conditions. When a roadway is poorly designed, inadequately maintained, or contains hazards that should have been addressed, drivers may be unable to safely navigate the road.

Common Road Design and Maintenance Problems

Highway design and maintenance problems that can contribute to 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

These conditions may contribute to crashes involving cars, motorcycles, trucks, pedestrians, and other road users. Determining whether a roadway condition contributed to an accident requires a careful investigation of the location, the roadway’s design and maintenance, available warnings, and the circumstances surrounding the collision.

Can You Sue the Government for a Dangerous Road?

If you are involved in a car accident that may have been caused by poor highway design or maintenance, obtaining adequate compensation can involve complex litigation. You may have a claim against the State of Washington, a county, a city, or another governmental entity depending on who was responsible for the roadway.

Washington law provides that state and local governmental entities can be liable for damages arising from tortious conduct, but claims against government entities are subject to specific procedural requirements.

For claims against local governmental entities, Washington law requires a claim to be presented to the appropriate designated agent before a lawsuit subject to those requirements can be commenced. State claims have separate claim-presentment requirements through the state’s office of risk management.

Because these requirements can affect your ability to pursue compensation, it is important to have an attorney evaluate your claim promptly.

Proving a Road Design or Maintenance Claim

Establishing liability for a dangerous roadway can be more complicated than proving a typical motor vehicle accident. In many cases, the investigation may involve reviewing:

• The condition and design of the roadway
• Traffic signs, signals, lane markings, and other warnings
• Maintenance and inspection records
• Construction or resurfacing work
• Photographs and video of the accident scene
• Police reports and witness statements
• Accident history involving the same roadway or hazard
• Applicable roadway design and safety standards

In many circumstances, expert witnesses with backgrounds in highway design, engineering, and roadway safety may be necessary to analyze the claim and provide relevant technical testimony.

Why You Need an Experienced Attorney

When you are trying to prove a claim against any government entity, having experienced legal counsel can 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 evaluate roadway negligence claims, and we work closely with respected expert witnesses who can provide relevant technical testimony where appropriate.

A roadway accident may also involve other potentially responsible parties. Depending on the circumstances, a claim could involve a negligent driver, a construction company, or a manufacturer of a defective vehicle or component in addition to a governmental entity.

Act Quickly After an Accident Caused by Poor Road Conditions

When an accident occurs as a result of poor highway design or maintenance, contacting a knowledgeable attorney quickly is important. Government entities have specific procedures for handling liability claims, and Washington law imposes claim-presentment requirements that can apply before a lawsuit may be filed.

Evidence can also become more difficult to obtain as time passes. Road conditions may change, maintenance may be performed, and physical evidence from the scene may disappear. Prompt investigation can help preserve the evidence needed to evaluate your claim.

Contact Our Washington Road Design and Maintenance Attorneys

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 contact us online to submit a FREE case review.

Let our experience work for you.