While most serious Mississippi car accidents are caused by inattentive or careless drivers, there are a substantial number of auto collisions that are the result of dangerous roadways. Sometimes roads in Mississippi are not designed safely, or the roadway is inadequately maintained. When the defective construction or maintenance of a roadway is a factor in causing a motor vehicle crash, pursuit of an auto accident claim can be especially complicated. Public entities are usually responsible for ensuring that a roadway is safe in terms of both its initial construction and maintenance. Government entities have the benefit of sovereign immunity and possess an enormous war chest to defend against such claims.
Dangerous roadways cause far more accidents than many people realize. Some estimates place the number of car accidents involving defective or poorly maintained roadways as high as twenty percent. Lawsuits that involve defective roads require attorneys experienced in handling these kinds of complex cases, as well as the resources to litigate such a case. Clients often come to us after another attorney has passed on their case because the other driver did not have insurance. This can happen when there is no recognition that a defective roadway issue makes the case worth pursuing.
If you are involved in an accident that involves an unsafe street or interstate, it is important to document the features of the segment of road that contributed to your accident. In the wake of a serious car accident in Mississippi, public entities often make remedial changes or remove the debris that contributed to a car accident. Our experienced defective roadway attorneys recommend preserving such evidence in any way possible, including taking photos, pointing out the hazard to the investigating officer, and/or taking careful notes regarding the hazard.
Construction zones often constitute one of the most dangerous types of roadway hazards. Most people that drive through a construction zone presume that the orange flags, warning signs, cement barriers, and other safety measures are there to protect construction workers. While worker safety is one reason for these safety features, the US Department of Transportation reports that the majority of those injured in construction zones are drivers, passengers, and pedestrians. When you drive through a construction zone, you must take extra care to avoid being involved in a car accident. It is essential to substantially lower your speed and to pay attention to potential hazards or road detours. There is a wide range of distractions to drivers moving through construction zones, so it easy to become confused. It is imperative that drivers focus all of their attention on their driving to avoid a serious car accident in a Mississippi work zone.
There are a wide range of roadway defects that can cause an auto collision, including but not limited to the following:
- Poor signage
- Potholes or uneven pavement
- Edge of the road drop offs
- Defective road surfacing that becomes extremely slick during wet or hot weather
- Construction machinery or other obstacles in the roadway
- Missing or damaged guardrails
- Roadway debris
While a public entity can be liable for a poorly constructed or inadequately maintained roadway, this type of lawsuit requires careful investigation of the accident location, as well as exhaustive review of documents and accident reports within the control of the government entity. Liability often turns on the duration of time that the defect was present and whether the public entity reasonably should have had notice of the danger. Personal injury claims against a public entity typically will be subject to a tort claims act, which essentially empowers members of the public to bring an injury claim against a government subdivision despite sovereign immunity. Tort claims acts have very tight timing requirements, so it is important you contact us as soon as you are involved in an accident that may have been caused by a dangerous roadway.
If you or your loved one is injured in a Mississippi traffic collision, you are invited to contact the experienced Mississippi Car Accident Attorney at Barrett Law to learn how we can help. Our lawyers have been representing accident victims throughout Mississippi for over 75 years. We offer personalized legal representation and zealous advocacy. We provide a free initial case evaluation so call us today at 800-707-9577. No Recovery No Fee!