Georgia Truck Accident Attorneys Discuss Crashes Caused by Defective Roadways


April 30, 2015

On a daily basis, trucks of all shapes and sizes frequent the many interstates crisscrossing the State of Georgia to transport goods throughout the United States. As a result, it is not surprising to learn that trucking accidents within Georgia and across the country are on the rise. In fact, the U.S. Department of Transportation reports that there are over 500,000 trucking accidents that occurred last year throughout the country, with 5,000 of these crashes resulting in fatalities. It is no surprise that the majority of these accidents occur due to driver negligence. However, a growing number of accidents stem from poorly designed and maintained roads, where defects create dangerous circumstances that cause or contribute to serious collisions.

Improper or defective road design exposes truckers to a litany of unnecessarily dangerous hazardous. The following are a number of examples of improperly designed roads, such as:

  • Improper road lighting;
  • Use of road materials that cannot withstand normal wear and tear;
  • Little to no shoulder lanes;
  • A lack of guardrails or medians or guardrails that are not strong enough to withstand average crash forces;
  • Use of road materials that become unreasonably dangerous during bad weather; and
  • Roads with confusing lanes.

In addition to hazardous conditions caused by defectively designed roads, the failure to keep roads in proper repair can also result in serious trucking accidents. Some indications that the roads are poorly maintained include:

  • The presence of potholes;
  • Road signage that is blocked by overgrown vegetation;
  • Improperly manicured vegetation along the side of a road; and
  • The regular failure of a municipality to clear ice and snow.

Overall, it is important to understand that pursuing a legal claim for improperly designed and ill maintained roads can be extremely challenging since most roads and highways are publicly owned and managed. In other words, the proper party against whom the lawsuit should be brought for contributing to and/or creating hazardous road conditions is usually a governmental entity. Unlike private parties to a lawsuit, a government entity can raise an immunity defense, which is an exemption to liability when a suit is brought against it without its prior consent. This is typically asserted by government actors when faced with a lawsuit stemming from an alleged lack of road maintenance or inadequate roadway design.  Under some circumstances the immunity will not apply, and under all circumstances there are very specific notice requirements with legal time deadlines that must be complied with in order to not lose your righst to bring a claim.  It is important to note that the legal time deadlines applicable to claims against government entities are shorter than those that apply to claims against non government businesses and individuals.

When bringing forth a personal injury claim against a government entity, is crucial that you consult with an Atlanta Truck Accident Lawyer experienced in handling these types of complex claims, with specific skills relating to the potential circumvention of the governmental immunity defense. We all have the right to drive on safe roads. Governments that fail to ensure public safety in this regard should be held responsible for compensating its victims.

Put Our Law Firm's Over 30 Years of Legal Experience to Work For Your Case!

For over three decades, the Atlanta Truck Accident Lawyers at Montlick & Associates have made it their goal to be the top personal injury law firm in the United States. In fact, we have been successfully representing those who suffer serious injuries from trucking related accidents throughout all of Georgia and in the Southeast for over thirty years, including but not limited to all smaller cities and rural areas in the state.

No matter where you are located, our attorneys are just a phone call away and we will even come to you. Call us 24 hours a day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333). You also can visit us online at www.montlick.com and use our Free Case Evaluation Form or 24-hour Live Online Chat.

Category: Truck 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.