Legal Brief: Road Designers Found Liable for Car Accident

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If car accidents routinely happen on the same part of the road, there is a chance that the designers of the road could be liable for those accidents.

In this video, attorney Richard Kenny explains how his firm’s investigation led to a victim receiving a $13 million verdict. It also led to the redesign of the road to be safer for everyone.

Attorney Richard Kenny can be reached directly by calling 888-981-5253 or by submitting a form on the side of this page.

What is Negligent Road Design?

Negligent road design occurs when the features of the road cause car accidents to occur. In some instances, the road designers were aware of the potential risks, but they proceeded with the dangerous design anyway.

In order to succeed with a negligent road design claim, you must show that:

  • A feature of the road was the primary cause of your accident (not drunk driving, distracted driving, or any other factor)
  • This feature made the road reasonably unsafe

Examples of Road Design Negligence

When is a road considered reasonably unsafe? The following factors can create dangerous roads:

  • A tight turn combined with high speeds that could result in a rollover accident or driving off the road
  • An obstruction that prevents drivers from seeing if other vehicles are approaching
  • Lack of drainage options in inclement weather, increasing the chances of hydroplaning
  • Lack of proper signage, such as yield or stop signs
  • A highway entrance or exit ramp that does not give drivers enough time to adjust their speed

Who is Responsible for Negligent Road Design?

This will vary case by case. If municipal bodies have contracts with private companies to design roads, any and all of them could be liable in such accidents. Likewise, a private construction company that built the road could be liable if an investigation shows that they did not properly follow an otherwise safe design. In some cases, government bodies may be immune from these types of lawsuits.

Contact an Attorney for Defective Road Design Claims

If you suspect that poor road design was a factor in your car accident, contact an attorney who can perform an investigation. This is a highly complex area of law. There are multiple parties involved in road design and construction, and finding where the fault lies requires immense knowledge and skill. Seek an attorney with experience in these types of cases when pursuing your legal options.

Video Transcript:

I’m Rob Rosenthal with AskTheLawyers.com™ and this is an AskTheLawyers.com™ legal brief. Thanks to his tireless work and not being happy with good enough, attorney Richard Kenny of the New York City-based the law office of Richard M. Kenny has secured a $13 million verdict for a client who suffered catastrophic injuries in a car accident.

The plaintiff in this case was riding in the front passenger seat of a vehicle when the car hydroplaned off the road and crashed into a tree, causing her to sustain fractures to her ankle and C2 vertebra. The court found that the county was largely to blame, ruling the road was negligently designed. Not being satisfied with pursuing only the insurance settlement in the case which many would do, Attorney Kenny went above and beyond for his client to see that justice was served. Both the county and the other driver were compelled to compensate the client for a total award of $13 million.

Attorney Kenny says: “After meeting with the client and learning that other lawyers had turned down the case, I was at first admittedly apprehensive about undertaking this complicated and sad case. But after some initial preliminary investigation and learning that this road had been involved in multiple one-car accidents, two of which were fatalities where cars proceeding within the speed limit couldn’t negotiate a benign turn in the road without veering off of it if the pavement was wet, we decided to undertake the representation of this client.”

He goes on to say: “What we discovered about this dangerous road ended up being the linchpin to this considerable verdict.” In the end, not only was the plaintiff compensated for her severe injuries, but the road was rebuilt in a safer manner, protecting others from the pain and suffering this plaintiff endured, thanks to the efforts of attorney Kenny and his firm. Real change was effected that will help keep many other people safe. I’m Rob Rosenthal with AskTheLawyers.com™ and this has been an AskTheLawyers.com™ legal brief.

Disclaimer: This video is for informational purposes only. In some states, this video may be deemed Attorney Advertising. The choice of lawyer is an important decision that should not be based solely on advertisements.

Author: Richard Kenny

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