Causes - Poor Road Design
It is unlikely that most drivers stop to consider who designed a road or why a particular layout was chosen. When an accident happens for reasons other than unsafe driving, however, the design of the road where the accident occurred is often implicated as a cause. Recovering damages for a car accident caused by a poor road design can be a challenging and complex process. If you were involved in a car accident caused by a poor road design, you should seek the assistance of an attorney who is experienced in handling complex car accident cases to determine whether you may be able to recover damages. The attorneys at Peter Thompson and Associates collectively have over 60 years of litigation experience in New Hampshire car accident cases. Our knowledgeable New Hampshire car accident lawyers will work tirelessly to help you seek the compensation that you may be owed following your car accident.Examples of Poor Road Design
There are a multitude of ways in which a road design may be unsafe. A failure to include proper traffic control devices can result in confusion, and a lack of illumination can cause an inability to see dangers in the roadway or to properly judge distance. A lack of barriers on a highway between opposite lanes of traffic can cause dangerous turns from one lane to another. Blind curbs and exit and entrance ramps that are too short may leave drivers without sufficient time to react properly to the traffic conditions. Roads that do not have shoulders or that have narrow shoulders can present a danger to drivers who need to pull over and drivers passing stopped vehicles.Assessing Liability for a Car Accident Caused by Poor Road Design
In most cases, the state or local government is responsible for designing and constructing the road. Recovering damages from a government entity can be difficult. Under the New Hampshire Tort Claims Act (TCA), immunity is provided to certain governmental agencies and entities, with limited exceptions. The TCA provides immunity to municipalities for personal injuries and property damage caused by the construction of a public highway, unless the injuries and damage were caused by an insufficiency. Insufficiencies are defined as roads that are not passable in a safe manner and safety hazards that a person cannot reasonably discover or avoid. You must also show that the municipality received written notice of the insufficiency and failed to take necessary action, that it had actual notice of the insufficiency, or that the insufficiency was created by an intentional act of a municipal employee acting within the scope of their employment, with either gross negligence or reckless disregard of the risk.
Any lawsuit filed against a municipality due to a poor road design must include facts in the complaint that show the manner in which the municipality was notified of the insufficiency or the intentional act that created the insufficiency. In most cases, you will need to retain an expert to offer opinions as to the manner in which the road design was unsafe. In some accidents arising out of poor road design, a victim may be able to seek compensation from parties other than governmental entities under different theories of liability. An experienced car accident attorney can help you assess who may be responsible for any harm that you sustained due to your accident.Recoverable Damages
If you are able to successfully prove your case against the party responsible for your harm, you may be able to recover economic damages, which compensate for any financial losses incurred due to the accident, and noneconomic damages, which are generally awarded for pain and suffering and any emotional distress caused by the accident. Economic damages include the expense of any medical treatment for injuries that you sustained in the accident and the cost to repair any damaged property. You may also be able to recover any earnings that you lost due to an inability to work after the accident. If you were married at the time of the accident, your spouse may be able to recover damages as well. A seasoned New Hampshire attorney can help you assess which damages you may be entitled to recover.Confer With a Skilled Car Accident Lawyer
If you suffered injuries in a car accident that was caused by poor road design, you may be able to recover damages from the party responsible for designing the road. Car accidents caused by poor road design are far more complex than the average car accident case and require an attorney with considerable skill. At Peter Thompson and Associates, our attorneys have the knowledge and experience needed to litigate a poor road design case and can work tirelessly to help you seek a favorable result under the circumstances. Our diligent representation has allowed us to sustain a high rate of successful outcomes. We have offices in Bedford, Nashua, Portsmouth, and Manchester, New Hampshire, and we represent clients throughout the state. Contact us at 800.804.2004 or via our online form to schedule a conference.