Accidents Caused by Defective Roads in Indianapolis
Negligent drivers are not always the reason accidents occur. Sometimes defective roads in Indiana cause accidents. In fact, with the deterioration of America’s infrastructure, it is not uncommon for a defective city street or highway, poor maintenance, or poor signage to also cause/contribute a motor vehicle accident. There can be situations where a city or state can be held liable for a car accident that took place on a defective city street, in more urban areas or a defective highway, on a more rural roadway.
An unreasonable risk of harm must not exist on our roadways. Improperly maintained roadway shoulders may lead to liability to the governmental entity ensured to properly maintain the shoulder of the road. If there is a construction project occurring on the road the government entity needs to properly warn drivers of the danger. Furthermore, liability may exist where traffic lights do not work property, or where devices to control the flow of traffic are not visible to drivers.
Defective State Roads and Highways
There are special rules regulating the design of roads in Indiana at the local, state and federal levels. The design of each road has to conform with the specifications and standards of these rules. To prove a road was defectively designed or maintained an experienced expert in highway/road design will need to be involved.
How to Prove Negligent Road Design in Indiana
Generally to prove a road or highway was negligently designed or maintained a victim must prove:
- The cause of your injury was in the custody of the city or state;
- The road was defective or that the road created an unreasonable risk of harm;
- That the government had actual or constructive notice of the danger, and that it failed to correct the issue within a reasonable time frame; and,
- The legal cause of the injury was the defective or unsafe road.
Roads and highways do not have to be perfect and not all roadway abnormalities will result in liability. Each case is unique and must be assessed individually.
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The attorneys at Emerson Divorce and Accident Injury Attorneys, L.L.C. represent individuals and families throughout Indiana. Our attorneys use their courtroom skill and experience to also assist men and women in family law, personal injury, car accident and criminal law matters including divorce, child custody modification, and child support modification in Marion County, Hendricks County, Boone County, Hamilton County, Hancock County, Madison County, Johnson County. Cities in which we practice generally include Zionsville, Lebanon, Whitestown, Carmel, West Clay, Westfield, Noblesville, Fishers, Lawrence, Beech Grove, Speedway, Greenwood, Southport, Franklin, Plainfield, Avon, and Danville, Indiana.