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.

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Client was a pedestrian who crossed at an unmarked crosswalk and was hit by a motorist. We pursued a claim against the City of Tacoma for negligent roadway design. Client sustained traumatic brain injury.
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