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Who is Liable for Road Defects?

The McClellan Law Firm

Human negligence is the primary cause of car accidents. However, a careless driver is not responsible for every accident; defective roads can lead to serious collisions too. A road is "defective" when its design endangers safe drivers. For example, a road should give consistent messages to drivers. Traffic signs should warn drivers of impending hazards (winding roads, sharp turns, wildlife, etc.) and provide rules for safe driving, such as speed limits. An improperly marked road might cause a motorist to drive unsafely by no fault of his / her own.

In short, an unsafe road is violates its purpose: to provide a safe means for transportation.

A road should facilitate safe driving in these ways:

  • Clearly marked signs with consistent messages
  • Avoid "surprises," such as an unexpected stop sign
  • Warn drivers of any potential risks or hazards
  • Keep motorists informed of unfamiliar conditions
  • Guide drivers through difficult passages

Road maintenance is another important feature of a safe road. Poorly maintained roads are susceptible to cracks and other defects, which can lead to tire blowouts and sudden accidents. According to research, poor signage is a common reason behind defective road accidents. Similarly, unmarked hazards and changing traffic patterns (merging lanes) can also lead to car wrecks, even if the drivers are careful.

Defective Road Lawsuits

State agencies and local municipalities are obligated to keep roads maintained and functional. If a defective road caused your car accident, you may be able to seek compensation from one of these parties. To learn more about your rights, speak with a qualified legal representative from The McClellan Law Firm. We have experience handling all types of personal injury claims, including car accidents, auto defects, and more. Let us use this experience to your advantage.

Call our San Diego personal injury team for a free consultation regarding your case.