Poor Road Maintenance and Design

At Cappetta Law Offices, we are committed to helping people injured in car accidents recover for their injuries. According to data provided by the Federal Motor Carrier Safety Administration, there are generally over 5 million police-reported accidents each year. These accidents may occur for many different reasons, ranging from driver error to vehicle malfunction. Each year, a percentage of these motor vehicle accidents are caused by poor road maintenance. Whether a person can recover for injuries sustained in a car accident caused by improper road maintenance depends on a variety of factors, including the party responsible for the maintenance and design of the roadway and the length of time that has passed since the accident. In order to determine whether you have a legal claim after a car accident caused by a defective or poorly maintained roadway, you should have the circumstances of your case reviewed by an experienced Massachusetts personal injury lawyer as soon as possible.

Committed to helping those injured by defective roads

Poorly maintained or designed roadways have the potential to lead to serious injuries that could potentially be fatal. As with any personal injury matter, it is important to determine why the accident occurred in order to establish legal liability. There are many ways in which poor road maintenance or faulty design could lead to an accident. Some of the most common include the following:

  • Potholes
  • Failure to warn of dangerous condition
  • Improper surfacing
  • Lack of signage at intersections
  • Poor drainage systems
  • Faulty traffic signals
  • Inadequate guard rails
  • Faded or non-existent traffic lines
  • Burned out streetlights
  • Loose asphalt

Of course, there are many other ways that a defectively designed or poorly maintained road could cause an accident. For this reason, it is important for anyone involved in an accident that they suspect was caused by caused by poor road conditions document information about the accident and contact a personal injury attorney as soon as possible.

Understanding Sovereign Immunity

Under the legal doctrine of sovereign immunity, a government and its subdivisions may not be sued unless it first consents to the lawsuit. Fortunately for potential plaintiffs, Massachusetts enacted the Massachusetts Torts Claims Act in 1978, which allowed for lawsuits against the government, subject to certain liability limits. To further complicate matters, there are different laws that apply to roadways maintained by cities or towns and that apply to state roads. As a result, it is extremely important for victims of accidents caused by defective designed or poorly maintained roadways to consult with an attorney familiar with handling such cases.

In certain cases, a defective roadway may be privately maintained. In these instances, a plaintiff may proceed as in any other personal injury case, not subject to the limitations of the Tort Claims Act. In addition, certain hazardous road conditions could be caused by private parties, also allowing the parties to file a personal injury lawsuit as in any other case.

Contact a Framingham personal injury attorney today

If you have been injured in an accident caused by a poorly designed or improperly maintained road, you may be entitled to substantial compensation. Cappetta Law Offices is an experienced Massachusetts personal injury law firm that is committed to getting its clients the compensation they deserve. As a former prosecutor, attorney Daniel Cappetta understands how important it is for victims to obtain justice for their injuries through the legal system. We have offices in Framingham and Natick, and serve Middlesex County and beyond. To schedule your free consultation, contact Cappetta Law Offices today at (508) 969-9505 or contact us online.

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