
What happens when poor road design is to blame for an accident?
Man Arrested After Crashing Truck Into Circle K on Eckhert Road
According to a KSAT News report, a man was arrested after failing to navigate a curvy road and crashing into a gas station almost two weeks ago.
Police reported the accident happened at around 7 a.m. Thursday, February 27th, on Eckhert Road near Connie Mack Drive on the Northwest Side. 20-year-old Ehven Jones was driving his pickup on Eckhert when he failed to navigate a turn, veering off of the roadway. He hit an unoccupied parked vehicle and crashed into the side of a Circle K gas station, causing significant damage. A clerk inside the store suffered minor injuries and was taken to the hospital as a precaution. Police arrested Jones on suspicion of a DWI and stated that he didn’t appear to have hit the brakes before the crash, and it looked like he had been drinking. No other injuries were reported.
Did You Know?
There were 283 fatal crashes on county roads in Texas in 2023.
What Happens When Bad Road Design Causes an Accident?
Almost every car accident that happens is caused by some form of driver error. However, a small portion of auto accidents are caused by factors outside of a driver’s control, and poor road design is one of them.
If a driver, passenger, motorcyclist, or pedestrian is hurt in an accident caused by poor road design, they may be entitled to compensation. Unfortunately, getting compensation for this kind of accident is difficult.
What Kinds of Road Design Flaws Cause Auto Accidents?
There are many kinds of flaws in roadway design that can cause accidents, including:
- Inadequate Signage: A lack of road signs informing drivers of merging lanes, upcoming intersections or stop signs, or changes in road grade can cause drivers to make sudden turns or lane changes or slam the brakes, increasing the likelihood of an accident. If signage is present, but unclear, it can have the same effect.
- Poor Lighting: Extremely dark roadways greatly reduce driver visibility, putting pedestrians, other drivers, and motorcyclists at risk.
- Dangerous Intersections: A significant percentage of car accidents happen at intersections and are more likely to involve vulnerable parties like motorcycles, pedestrians, and pedal cyclists. Poorly designed intersections put everyone at risk for severe accidents.
- Obstructions: Overgrown trees and other vegetation in the roadway significantly reduce visibility and can cause drivers to make sudden lane changes. Large pillars and other cosmetic additions can hide pedestrians from a driver’s view, limiting their reaction time.
Who Is Responsible for Poor Road Design?
If unsafe road conditions caused your accident, liable parties can include:
- Government Entities,
- Private Contractors,
- And Construction Companies.
The government is protected by a legal concept known as Sovereign Immunity, which prevents most lawsuits. However, a person can bring a claim against the government if:
- The government had actual notice of the dangerous condition,
- The condition posed an unreasonable risk of harm,
- The government failed to address the hazard within a reasonable timeframe,
- The failure to address the hazard directly caused your injuries.
Car accident victims usually have 2 years to file a claim. But, when filing a claim against the government, you can have between 90 days and 6 months from the date of the injury to file your claim, depending on the type of government agency that is responsible. Additionally, state government claims have damage caps that limit the amount each person can claim.
Injured Due to Poor Road Design? Call Shaw!
If you were injured in a car accident caused by poor road design in Texas, you could be entitled to compensation for things like:
- Ambulance Costs,
- ER Treatment,
- Surgeries,
- Other Medical Bills,
- Missed Work,
- Wrongful Death,
- And More.
We’ll help you find out if you have grounds for a claim for free.
Call Shaw at 800-862-1260 today to schedule a free case evaluation with an experienced car accident attorney. You’ll find out what you’re legally entitled to and get your questions answered at no cost, with no obligation to hire the firm. Carabin Shaw has been a trusted name in San Antonio and across Texas for over 32 years because we put our clients first. We look forward to serving you.