Defective Road Accidents

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.


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.


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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Whether you are contemplating divorce, or been arrested or injured you are probably scared, unsure what will come next and what to do.  Give me a call. We will sit down, go over your options and work to find a way to move forward. Call me or another attorney. But call someone and get the help you deserve.

- JR Emerson, Attorney

I am here to help. I am not here to judge. For nearly 20 years I have been helping people in difficult situations and I would be happy to speak with you to see how I might be able to help you too.

- Jill Bracken-Emerson, Attorney


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Our office is located on the north side of Indianapolis at 98th Street and Keystone Avenue.

3091 E. 98th Street, Suite 180

Indianapolis, IN 46280

Phone: 1-317-969-8000


Our Services

Our attorneys represent people in need of assistance with personal injuries, car accidents, divorce, family law and DUI/OVWI matters.  Our clients typically live in counties throughout central Indiana including, Hamilton County, Boone County, Marion County, Hendricks County and Johnson County.  Please contact our office to learn how we can help.

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Copyright © 2017, Emerson Law L.L.C.

The laws governing legal advertising in the state of Indiana require the following statement in any publication of this kind: Advertising Material. This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice, nor the formation of a lawyer/client relationship.

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JR Emerson is an attorney who represents men and women in family 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 he practices include: Zionsville, Lebanon, Whitestown, Carmel, West Clay, Westfield, Noblesville, Fishers, Lawrence, Beech Grove, Speedway, Greenwood, Southport, Franklin, Plainfield, Avon and Danville, Indiana.