When Missourians hear about an auto accident, they wonder which driver was at fault. While a driver may be responsible for an auto accident, sometimes defective road design or defective road maintenance is the cause of an accident. Under Missouri law, local, state or federal agencies responsible for the construction and maintenance of the roadway could bear some responsibility. Missouri courts have held that the “Missouri Highway and Transportation Commission (“MHTC”) and its employees have a duty to properly design[fusion_builder_container hundred_percent=”yes” overflow=”visible”][fusion_builder_row][fusion_builder_column type=”1_1″ background_position=”left top” background_color=”” border_size=”” border_color=”” border_style=”solid” spacing=”yes” background_image=”” background_repeat=”no-repeat” padding=”” margin_top=”0px” margin_bottom=”0px” class=”” id=”” animation_type=”” animation_speed=”0.3″ animation_direction=”left” hide_on_mobile=”no” center_content=”no” min_height=”none”][,]” construct, and maintain highways in the state.

Calling a road “defective” or “unreasonably dangerous” may seem strange if you only think of a road as a place on which to drive your car or truck. Roads are a “product” which local, state and federal agencies are required to design, construct and maintain in a safe manner. Missouri roads are required to comply with the standards set by the American Association of State Highway and Transportation Officials (“AASHTO”). In addition, Missouri roadway signage is required to comply with the standards set by the Manual for Uniform Traffic Control Devices (“MUTCD”).

Does Sovereign Immunity Bar Defective Road Claims?

Ordinarily, sovereign immunity would bar claims against any Missouri governmental body. However, Missouri law specifically allows for a lawsuit to be brought against a political subdivision for a defective condition of property. The governmental body must have directly caused the defective condition or had notice of the defective condition in time to have taken measures to protect against it.

Defective Road Design and/or Maintenance Claims

Defective road cases seem to focus on stretches of road that have had a lot of auto accidents. Residents may have even asked for the problem to be corrected. These requests may have fallen on deaf ears. Some examples of defective road design that commonly lead to accidents include:

No guardrail next to an overhang
Missing or inadequate traffic signals
Inadequate lighting
Blind curves
Overly narrow lanes
No shoulder or dangerous shoulder
Excessive grade
Violation of “clear zone” principals

Defective road maintenance is also a common problem. Local, state and federal agencies charged with the duty to maintain roads also have a duty to maintain basic safety, such as salting or sanding roads. This duty also includes items such as making sure that stripes are property painted. The duty includes keeping vegetation cut back from the roadway. Other common maintenance problems include:

Failure to maintain missing or damaged traffic signals
Construction hazards and failure to warn about upcoming construction
Uncorrected potholes, guardrail or median damage and more
Unsound bridges
Failure to add signals after population growth

One or more of the drivers involved in an auto accident may be partly responsible, but local, state or federal agencies may be at fault as well. Sometimes, a defective road can make an auto accident worse than it would otherwise have been. For example, a poor lighting may make an intersection more dangerous. At trial, a jury may allocate fault among many parties, including the government agencies.

Defective road cases can be complex, so it is very important that you hire a personal injury attorney with experience. At Kennedy, Kennedy, Robbins & Yarbro, LC, we know the right questions to ask and the right places to find answers. Our auto accident attorneys have experience in defective road cases. We predominantly handle personal injury cases, including truck accidents, catastrophic personal injury, and products liability, among others. As a small firm, we provide personal service.

If you have been injured in an auto accident caused by a defective road, contact us or call us at (573)686-2459 for a free consultation. [/fusion_builder_column][/fusion_builder_row][/fusion_builder_container]