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Fulton County Unsafe Highway and Guardrail Accidents

May 28, 2013

While the majority of motor vehicle accidents are caused by careless or distracted drivers, some car accidents in Fulton County and the surrounding areas of Georgia are the result of highway defects and faulty guardrails. When a highway or guardrail is not properly designed or maintained, this may create an independent basis for imposing liability on the public entity under whose authority the roadway falls. Whether it is the state of Georgia, Fulton County or a municipality, the proper design, construction and maintenance of public streets, highways and their physical features are the responsibility of a government entity. When the public agency fails to uphold its responsibility to those who use the roadways by not building and maintaining safe roads, the result can be devastating injuries and wrongful death.

There are many factors that can make the highways that run through Fulton County unsafe, including a lack of warnings about adverse road conditions, inadequate placement of signs, poorly managed work zones, pavement defects, drop-offs on the edge of the roadway, lack of traffic signals or signs and more. Public entities have a legal duty to provide roads that are reasonably safe and to correct unsafe conditions that the entity knows or should know exist. This may be established by providing evidence of prior complaints by motorists or pedestrians, a history of prior accidents or near misses, concerns expressed by those within the agency and other facts that provide reasonable notice that the Fulton County roadway was unsafe.

Fulton County unsafe highway accidents can be complicated and require an experienced personal injury attorney who understands what is involved in claims against government entities. As a general rule, the state of Georgia and its political subdivisions have governmental immunity, but there are certain circumstances under which this immunity is deemed to be waived.  The unique facts of a particular situation have to be evaluated in this regard.  It is important to note that lawsuits and claims against government entities, including those based on unsafe highways, must comply with special legal requirements, deadlines and notice requirements under laws that waive this immunity.

One common form of highway accident involves unsafe or missing guardrails. Although guardrails are intended to protect drivers and passengers, they can increase the risk for motorists under certain circumstances. By way of example, guardrails with turn down end treatments have been the cause of many devastating injuries to vehicle occupants. When guardrails are not designed to collapse when struck by lighter passenger or economy cars, the vehicle may skid along the guardrail and be launched off the roadway or into traffic. While the Federal Highway Administration banned installing future turn down guardrails more than a decade and a half ago and directed states to remove those in place, many states have been slow to comply.

Why Should You Call Montlick & Associates For Your Free Consultation?

Our accident lawyers in Georgia from Montlick and Associates are available to provide effective legal representation to victims of auto, truck, motorcycle, bus and other vehicle accidents throughout all of Georgia and the Southeast. No matter where you are located our attorneys are just a phone call away, and we will even come to you.

In addition to its goal of being the best personal injury law firm in Georgia, Montlick & Associates is also dedicated to giving back to the community through the firm's extensive public service programs which have received extensive public recognition.  The firm was recently honored by the Georgia House of Representatives for its 30 years of service, with the passing of House Resolution 394, recognizing Montlick & Associates for "the outstanding accomplishments of this distinguished firm," and "for providing efficient, effective and dedicated services to the citizens of Georgia."

Call us 24 hours a day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333). You can also visit us online at and use our Free Case Evaluation Form or 24-hour Live Online Chat.

Category: Auto Accidents

Please Note:
Many of our blog articles discuss the law. All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different, and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.