Representing Clients Injured by Dangerous Road Conditions in the St. Louis Metropolitan Area and throughout Missouri and Illinois
Drivers travel on roads every day with the expectation that the road itself is safe and free of defects that could cause an accident. If you have been injured in an accident that you believe was caused by a dangerous condition on the road, you should speak to an attorney immediately.
Who Is Responsible?
If you believe a dangerous roadway condition caused your accident, the first question that must be answered is what entity is responsible for the dangerous condition. Possible parties include:
- The state
- Local municipality
- The contractor who built the road or who was responsible for maintaining the road
- A private community
Additionally, it is possible for more than one party to be at fault. For example, your accident could be the result of a dangerous roadway condition as well as the negligence (or fault) of another driver.
What Was the Dangerous Condition?
There are many regulations that roads must adhere to. Failure to follow these standards could help your case. For example, the American Association of State Highway and Transportation Officials and the Manual for Uniform Traffic Control Devices both set standards and regulations for roadways and road signage.
Examples of common dangerous roadway designs include:
- Lack of guardrail
- Lack of shoulder
- Improper lighting
- Narrow lanes
- Blind curves
- Missing traffic signals
Examples of conditions caused by improper roadway maintenance include:
- Failure to maintain traffic signals
- Construction hazards
- Lack of signage for temporary roadway conditions such as construction zones
- Uncorrected roadway damage, such as potholes or missing guardrails
- Overgrown trees or plants blocking view of road or sign
Contact a St. Louis Dangerous Roadway Lawyer
If you have been injured in a motor vehicle collision in which a dangerous roadway condition caused or contributed to the occurrence, an attorney should be consulted for two reasons. First, suits against a governmental agency such as a city or the state are difficult to prove because governmental agencies are protected by law from lawsuits in many cases under a legal principle called “sovereign immunity.”
This does not necessarily mean that it is impossible to win a suit against the state as there may be circumstances in which the sovereign immunity defense can be defeated. You need an attorney with a thorough understanding of roadway regulations and who has the experience to be successful in suits against a governmental entity.
The second reason that you should seek an attorney’s advice and counsel is that often in order to bring a lawsuit against a governmental entity, “strict notice” requirements must be followed. This means that you must take steps to preserve your claim as quickly as possible. If these procedural steps are not taken, you will lose your ability to bring a lawsuit.
The attorneys at Kilo Flynn are passionate about getting accident victims money compensation and making the roadways safer for all who travel on them. We work with clients throughout the Missouri and Illinois, including the City of St. Louis, and the surrounding Missouri counties of St. Louis, St. Charles, Lincoln, Jefferson, Franklin and Crawford; and the Illinois counties of Madison, St. Clair and Monroe, to name a few. Call our office today at 314-647-8910 to schedule a free initial meeting with one of our knowledgeable attorneys.