Defective Road Design/Construction

defective road design construction

Defective Road Design/Construction

On March 30th, 2017, a bridge on Interstate 85 collapsed in Atlanta. The bridge was weakened by a massive fire that was started in the underpass by a group of homeless people. The highway has just recently reopened. The arsonists were arrested. Although this event has been blamed on the fire, the collapse also raises questions about the quality of the bridge itself. And in fact, a subsequent investigation found that hundreds of Georgia bridges are “structurally deficient.”

Although Georgia actually ranks quite well in road quality—according to U.S. News and World Report Georgia ranks 9th in road quality among all U.S. states—there are still numerous problems with road design and construction in the state. When auto accidents occur as a result of deficient design or construction, victims may be entitled to compensation from the construction company or the government.

Common Road Design/Construction Problems

Common problems with road design and construction in Georgia include:

  • Damaged, confusing, or missing signs;
  • Missing lane markers;
  • Lack of proper maintenance;
  • Trees or bushes that obstruct visibility;
  • Unsafe curves;
  • Poorly constructed guardrails, or absence of guardrails where some are needed;
  • Defective bridge design;
  • Road or bridge deterioration due to poor materials used;
  • Unfixed cracks or pot holes;
  • Sloped driving surface; and
  • Debris or trash left over after construction is complete.

Bringing a Personal Injury Case in Georgia

Defective road design or construction claims are tort claims in which the plaintiff must prove that the construction company or government body owed them a duty, negligently breached that duty, and that the harm was caused because of that negligence. Governments have a duty to keep roadways safe, and construction companies have a duty to build safe roads. When either negligently fails to fulfill their respective duties, and accidents occur as a result, victims have a right to sue.

To bring a claim against state or local governments, sovereign immunity must be overcome. Simply put, the doctrine of sovereign immunity holds that governments are immune from lawsuits. However, under the Georgia Tort Claims Act, the state of Georgia waived this immunity for personal injury lawsuits. Municipalities in Georgia have also waived this immunity. Counties, however, have generally not waived sovereign immunity. Therefore, if you get in an accident on a country road, you most likely will not be able to sue.

If you are planning to sue the government for defective road design or construction, it is imperative to have a qualified attorney fighting for you because there are all sorts of special procedural rules that have to be followed. Proving your case will also require extensive and well-documented evidence. The attorneys at Williams Elleby Howard & Easter, have experience handling these types of cases and are here to help.

Contact Williams Elleby Howard & Easter, to Discuss Your Case

If you would like more information about this issue or if you have been injured due to poor road design or construction, contact Williams Elleby Howard & Easter at 833-LEGALGA today to schedule a free consultation.

Drone Aircraft Evidence in Car Accident Reconstruction

A man wearing a navy blue jacket, hat, sunglasses and black pants flying a large drown scene in the foreground with a blurred image of a house and trees in the background.

Cobb County Police Use Drones to Clear Accident on East-West Connector

Cobb County police are using drone aircraft to help clear car accidents from roads more quickly, according to WSB-TV 2 Atlanta. They used the drone helicopter this week to fly over the scene of an accident on the East-West Connector. The accident required police officers to close both eastbound lanes of the Connector while they processed the accident. The officers were able to clear the accident and allow traffic to recommence in the eastbound direction.

Cops Use Drones to Record Accident Sites

The police department only recently acquired FAA approval to fly the drone, a process which took over six months. The process of using the drone requires two police officers: one to operate the remote controlled vehicle, and one to monitor the surroundings of the drone to make sure it doesn’t strike any surrounding obstacles, such as trees or power lines. The police say that it allows them to clear accident sites more quickly by accelerating the process of taking photographs that can later be available for accident reconstruction. The drone allows officers to quickly capture an aerial view of the entire crash site, which can then provide updated information to add to existing photographs of the area. As ABC Action News Tampa reports, police departments across the country are training their officers to use drone aircraft in accident reconstruction.

Drone Photos Help Lawsuit Accident Reconstruction

A car accident can give rise to criminal or civil proceedings in court. If one of the drivers involved was at fault for the accident, then others who sustained injuries may sue the at-fault driver for negligence.

When the injured party brings a negligence lawsuit, they have to prove that the at-fault driver failed to take reasonable care to prevent injury to others around them. This usually means that they failed to follow one or more of the rules of the road, and that this failure lead to the accident and injuries. Accident reconstruction is the process by which experts attempt to prove to a jury how and why an accident occurred. Although various pieces of evidence can appear as part of an accident reconstruction, including analysis of the impact damage to the car or black box data from one of the vehicles, photographic evidence is always important. In addition to surveillance cameras or dashcam footage, photographs of the accident site can help measure angles and distances which demonstrate the likely cause of the accident.

Cobb County Drone Photos Could Help Accident Victims

In the case of the accident that occurred this past week, it seems unlikely that any negligence lawsuit will arise. The driver of the vehicle appears to have veered off the road into the woods and crashed their car into a tree. While reports do not indicate that any other vehicle sustained damage during the accident, it’s possible that there was another passenger in the car with the driver. If that passenger sustained injuries, they could sue the driver for negligence and attempt to recover for their losses. The photographs from the drone could provide evidence for that passenger to prove that the driver must have violated the rules of the road (for example, by speeding or failing to maintain a lane.) This could help them succeed in a negligence lawsuit.

Find an Accident Lawyer

Car accidents happen every day, but if it happens to you, it may be the worst day of your life. If you have suffered an injury in an auto accident, the first thing you need to do is talk to a lawyer who understands your situation and can help you get compensation. Call a car accident lawyer at Williams Elleby Howard & Easter in Cobb County today.