All too frequently, motorists are injured or killed due to the poor design and maintenance of a road. Most drivers do not realize how many dangerous roads in Kansas City including highway defects there are. A large number of roads, bridges, overpasses, exit ramps, and intersections are in disrepair or need updating to modern standards such as the Manual on Uniform Traffic Control Devices (MUTCD). The entities that design, construct and maintain our roads may be accountable for any dangerous and defective conditions that cause these serious accidents. Unfortunately, law enforcement officers and even lawyers often fail to consider the design or maintenance of a road when evaluating a motor vehicle accident.
The State of Missouri, or Missouri Highways and Transportation Commission (MHTC), and local municipalities can be held liable for accidents or injuries that occur as a result of dangerous road conditions. We address the following dangerous road cases:
- lack of guardrails and shoulders
- improperly located median barriers
- obstructive telephone poles and utility pole lawsuit
- narrow bridges
- uncovered drainage ditch lawsuits
- obstacles in the road
- poor drainage and water run-off
- incorrect or inadequate signage
- pothole lawsuits
- rough or unpaved road surface
- improper grading
- trees and other foliage blocking stop signs and other roadway signs
- malfunctioning traffic lights
- construction site violations
- many other negligent traffic design or road defects
Because these entities are part of the government, they may enjoy special protection. Sovereign immunity, for example, may shield them from liability in tort. See, e.g., Cain v. Missouri Highways and Transp. Com'n, 239 S.W.3d 590 (Mo. 2007). Also, some state laws and city charters require that written notice of claims be given to the mayor or some other officer within a specified period after an injury. See, e.g., Mo. Rev. Stat. 82.210. Accordingly, the plaintiff must plead that his personal injury or wrongful death claim is based on a dangerous condition on public property, such as roads and highways, and invoke the statutory waiver of immunity under Mo. Rev. Stat. 537.600. He must also be prepared to make a determination of whether the property is owned by a municipality and whether written notice needs to be delivered. See, Jones v. City of Kansas City, 15 S.W.3d 736 (Mo. 2000)(holding that the notice requirements do not apply to dangerous conditions of items such as traffic signals).
Lawsuits on Highway Projects
Actions for damages based on dangerous or defective road conditions require immediate attention. In addition to the pleading and notice requirements discussed, evidence must be collected as soon as possible because the conditions may change naturally or go through subsequent repair. Therefore, it is essential that you contact the right attorneys as soon as possible.
At Bautista LeRoy LLC, we have extensive experience in investigating and prosecuting cases where people have been injured or killed due to the dangerous or defective roadways. When you hire our firm, we will advance all costs associated with representing the client. If we do not win your case, the firm takes on the losses of the litigation costs. In fact, we only get compensated when we win the case. Simple as that. Give us a call at or contact us online.
Summary
When road structures are occasionally another factor to take into account, it is quite upsetting for victims to be held accountable for vehicular accidents. In this case, Bautista LeRoy LLC is determined to represent the victim so that the person or authority responsible for the incident can be held accountable. The firm handles the heavy lifting process of investigating and prosecuting cases where people have been injured or killed due to the dangerous or defective roadways. To guarantee that justice is served, the firm will handle this issue with care and seriousness.
Vehicles in Kansas City are at risk every day from unseen perils, including outdated infrastructure, poor construction and low maintenance. These problems can cause a serious accident on a normal commute. So, it is important to identify these common road hazards:
- Potholes, bumpy roads and uneven surfaces
- Lack of guardrails or unsafe shoulders
- Obscured or blocked traffic indicators
- Traffic light malfunctions
- Improper drainage or buildup of water
- Construction-related hazards
Since this is a complicated matter involving the government, a careful investigation and safekeeping of evidence are necessary. Also, evidence should be collected immediately after the accident since road conditions can change naturally or be altered through subsequent remedial measures.
Cases like these require the help of a legal expert. Bautista LeRoy LLC offers a consultation to victims of dangerous road accidents. This consultation explains what legal options are available. The firm helps clients obtain financial protection by operating on a contingency fee basis. Its attorneys cover all litigation costs and are paid if the case wins.
Also, Bautista LeRoy LLC is certified as a Minority-Owned Business Enterprise in Missouri. Many clients have praised the firm's professionalism. They appreciate the firm's commitment and skill in handling legal cases.
Do you need help? You can reach their attorneys at 816-221-0382. Visit www.bautistaleroy.com to talk about your case.
Could a dangerous road be the real cause of my accident?
Yes. Poor design, construction anomalies or lack of maintenance can quietly create dangerous situations and common hazards, which include:
- rough pavement or potholes
- No guardrails or shoulders
- Incorrect position of median barriers
- traffic lights malfunction, blockage, visual obstruction (trees or foliage)
- water buildup due to poor drainage
- construction hazards
Who is responsible for the dangerous road conditions?
The government unit is usually responsible for these issues. Each has an obligation to maintain roads that are reasonably safe for motorists. The entities that are usually responsible for these issues are:
- The State of Missouri
- The Missouri Highways and Transportation Commission
- Local municipalities
- Design and Construction Entities
Why are cases involving dangerous roads more complicated?
Dangerous road cases are more complicated because the government is involved. Some rules need to be followed. One of them is the sovereign immunity, which limits when and how you can file a claim. Also, the victim must follow deadlines and notice requirements. If missed, this could affect their case.
What should I do if I get involved in a dangerous road accident?
You have to gather evidence immediately, such as photos or videos of the scene, and witnesses' statements. Keeping notes of all the unusual thoughts you have about the road. Lastly, get an attorney. Your case will be stronger the sooner you take action.
How can Bautista LeRoy LLC help with your case?
Bautista LeRoy LLC handles a variety of cases, including personal injury, auto accidents, elder and nursing home abuse, wrongful death, and other complex matters. This firm has lawyers who specialise in road accidents that can help the victim resolve the case while legally following the rules and procedures.
