Highway Defects – Another Common Cause of Serious Car Accidents

The National Highway Traffic Safety Administration (NHTSA) has never ceased in creating and implementing programs and designing educational campaigns that will continuously remind drivers of the necessity of observing road safety rules to keep accidents minor and at a minimum. This is because about three-fourths of the more than five million motor vehicle accidents in the US (every year) are due to driver’s faults, like speeding, reckless driving, drunk driving, which is the number one cause of car accidents, and distracted driving, which greatly involves teenage and young adult drivers. This, somehow, points to the alarming odds that, no matter how careful one may drive, if another driver acts negligently or carelessly, then an accident may just occur.

Drivers, however, are not the only ones guilty of acts of negligence, for there are also factors or other causes of accidents that are outside of drivers’ control. These include cars with manufacturing defects or low-quality car parts and defective roads and highways. Often, these other factors present greater dangers for these may not be immediately obvious, being discovered only after having caused tragic road mishaps.

Dangerous Road Conditions

The dangerous effects of a defectively-designed highway or a poorly-maintained street is definitely more extensive than car manufacturing defects as the former directly affects more (if not all) motorists. Highway defects include not enough or weakly constructed guardrails, traffic signs blocked by trees or other fixtures, poorly lighted streets, lack of railroad crossing lights and traffic lights, wrong road signs, uneven pavement, roadway debris, potholes, and so forth.

States, municipalities and cities are the ones responsible in the construction and maintenance of roads. States, however, has immunity from any form of liability (despite injuries during an accident), which is based on the rule that, so long as they follow approved construction plans, then they are exempt from paying any claims by an accident victim.

According to the website of Abel Law, the chance of a victim in winning the court’s approval to claim for damages, therefore, depends on the ability and competence of the personal injury lawyer, on whom rests the burden to prove that the risk of accident should have been foreseen or discovered by the state.

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