All too frequently, motorists are injured or killed due to the poor design and maintenance of a road. Most drivers do not realize how many dangerous roads in St. Louis including highway defects there are. A large number of roads, bridges, overpasses, exit ramps, and intersections are in disrepair or need updating to modern standards such as the Manual on Uniform Traffic Control Devices (MUTCD). The entities that design, construct and maintain our roads may be accountable for any dangerous and defective conditions that cause these serious accidents. Unfortunately, law enforcement officers and even lawyers often fail to consider the design or maintenance of a road when evaluating a motor vehicle accident.
The State of Missouri, or Missouri Highways and Transportation Commission (MHTC), and local municipalities can be held liable for accidents or injuries that occur as a result of dangerous road conditions. We address the following dangerous road cases:
- lack of guardrails and shoulders
- improperly located median barriers
- obstructive telephone poles and utility pole lawsuit
- narrow bridges
- uncovered drainage ditch lawsuits
- obstacles in the road
- poor drainage and water run-off
- incorrect or inadequate signage
- pothole lawsuits
- rough or unpaved road surface
- improper grading
- trees and other foliage blocking stop signs and other roadway signs
- malfunctioning traffic lights
- construction site violations
- many other negligent traffic design or road defects
Because these entities are part of the government, they may enjoy special protection. Sovereign immunity, for example, may shield them from liability in tort. See, e.g., Cain v. Missouri Highways and Transp. Com'n, 239 S.W.3d 590 (Mo. 2007). Also, some state laws and city charters require that written notice of claims be given to the mayor or some other officer within a specified period after an injury. See, e.g., Mo. Rev. Stat. 82.210. Accordingly, the plaintiff must plead that his personal injury or wrongful death claim is based on a dangerous condition on public property, such as roads and highways, and invoke the statutory waiver of immunity under Mo. Rev. Stat. 537.600. He must also be prepared to make a determination of whether the property is owned by a municipality and whether written notice needs to be delivered. See, Jones v. City of Kansas City, 15 S.W.3d 736 (Mo. 2000)(holding that the notice requirements do not apply to dangerous conditions of items such as traffic signals).
Lawsuits on Highway Projects
Actions for damages based on dangerous or defective road conditions require immediate attention. In addition to the pleading and notice requirements discussed, evidence must be collected as soon as possible because the conditions may change naturally or go through subsequent repair. Therefore, it is essential that you contact the right attorneys as soon as possible.
At Bautista LeRoy LLC, we have extensive experience in investigating and prosecuting cases where people have been injured or killed due to the dangerous or defective roadways. When you hire our firm, we will advance all costs associated with representing the client. If we do not win your case, the firm takes on the losses of the litigation costs. In fact, we only get compensated when we win the case. Simple as that. Give us a call at 833-381-6589 or contact us online.
Summary
While roadway design and maintenance defects are frequently overlooked as causes of accidents, it is sad to think that drivers are often blamed. Many road accidents cause personal injury. It also results in catastrophic injuries or trauma, and some die due to accidents caused by dangerous roads. Because rapid road repairs can lead to the spoliation of critical evidence, victims must act immediately to document the scene.
Here are some common road hazards to consider:
- Missing guardrails or shoulders
- Issues with the median barrier
- Improperly placed utilities.
- Narrow bridges
- Exposed drainage ditches
- Hydroplaning risks due to poor drainage
- Inadequate signage
- Work zone safety violations
- Malfunctioning of traffic light
Bautista LeRoy LLC has extensive experience dealing with the complexities of hazardous road litigation. Our legal team offers legal help to victims in road accidents caused by defective roads. Their determination to seek justice and truth led them to review evidence carefully. They immediately gather evidence to develop a strong argument. The firm also handles the entire process, from start to finish. Attorneys' work under a contingency fee basis, The victims owe no legal fees unless we successfully recover compensation for you
If you have any questions or are having difficulty with your case, you may visit our website at www.bautistaleroystl.com or call 833-381-6589.
Can a poorly maintained road cause an accident?
Yes. This often happens. Not every accident is caused by bad decisions behind the wheel. Sometimes, it is because of the unobserved road hazards, such as:
- Missing guardrails or shoulders
- Issues with the median barrier
- Hindering utility poles
- Narrow bridges
- Exposed drainage ditches
- Poor drainage
- Lacking signages
- Violations at the construction site
- Traffic light malfunctions
Should only drivers be held responsible for road accidents?
No. In Missouri, drivers will share blame with an entity found guilty of failing to perform their duty. Here are the following entities:
- The Missouri Department of Transportation (MoDOT): Specifically, the Missouri Highway and Transportation Commission.
- Local Municipalities
- Private Contractors
Why are dangerous road accident cases more difficult than typical car accident claims?
Dealing with the government can get really difficult. That means you have to think about a few things.
- Sovereign Immunity: special legal protections may apply to the government
- Statutes of Repose: follow deadlines when dealing with the government
- Strict Notice Requirements: You cannot miss any notice requirements when dealing with the government
One small mistake when dealing with the government can delay or even block your claim against the government.
How soon should I take action after an accident like this?
You should take action right away. Time is really important in this case. Here is why:
- Road conditions can change or be repaired
- Key evidence from the accident may disappear
- Legal deadlines for the accident can approach faster than you think
The sooner you take action after the accident, the stronger your case for the accident can be.
Do I have to pay up front to hire a lawyer for this type of case?
No, you do not have to pay up front to hire a lawyer for this type of case. Our firm operates on a contingency fee basis. An arrangement designed to help victims access high-level legal representation without financial risk.
- Zero Initial Costs: No upfront legal fees are required to start the case
- Firm-Funded Litigation: The law firm covers all costs during the case
- Success-Based Fees: You only have to pay the lawyer if you win the case.
This allows you to focus on your medical recovery while we manage the complexities of your litigation.
