By John L. Messina
Every year over 45,000 Americans are killed on the nation’s streets and highways and countless thousands are seriously injured. Often these tragedies are due to bad driving. However, the design of the roadway may sometimes be a contributing factor.
The law requires all public entities, cities, counties, and the state, to keep our roadways safe. If a government entity’s failure to design and build a safe road contributed to the collision, victims may seek damages. Careful research and thorough discovery, often involving highway safety experts, is essential to establish the public entity’s responsibility for a dangerous condition.
The law requires all public entities, cities, counties, and the state, to keep our roadways safe. If a government entity’s failure to design and build a safe road contributed to the collision, victims may seek damages. Careful research and thorough discovery, often involving highway safety experts, is essential to establish the public entity’s responsibility for a dangerous condition.
We at MBC are proud of our record in this area of the law. We have successfully handled cases involving dangerous rail crossings, negligent signing or striping, failing to install necessary guardrails, negligent placement of poles, signs or other hazards too close to the roadway and many others. Our first case, a trial in 1978 involving a power pole too close to the roadway, resulted in a record-setting verdict.
The statute of limitations on government claims is three years from the date of the injury, However, unlike private cases, you can bring a suit against a branch of government only if you file an administrative claim against it first. Then, you must wait 60 days before you can file suit.
The moral to this story is not to be discouraged if a serious injury seems to be due solely to bad driving or there is not enough insurance to cover the claim. When the injuries are great, contact a law firm that handles highway design cases to find out if the roadway may have contributed to the collision. Such consultations are free and are a stone worth turning over. We at MBC stand ready to help and advise.
The statute of limitations on government claims is three years from the date of the injury, However, unlike private cases, you can bring a suit against a branch of government only if you file an administrative claim against it first. Then, you must wait 60 days before you can file suit.
The moral to this story is not to be discouraged if a serious injury seems to be due solely to bad driving or there is not enough insurance to cover the claim. When the injuries are great, contact a law firm that handles highway design cases to find out if the roadway may have contributed to the collision. Such consultations are free and are a stone worth turning over. We at MBC stand ready to help and advise.
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