Poor Road Design

Knoxville Car Accident Lawyer

Poor road design contributes to hundreds of car accidents each year. Knoxville car accident attorney Mark C. Hartsoe represents victims who have been injured in accidents caused by defective roads and highways. Mr. Hartsoe is a seasoned lawyer who is committed to helping his clients recover compensation for their car accident injuries. If you were hurt in a car accident caused by a poorly designed road, contact us today.

Poor Road Designs

A poor road design is just one type of highway or road defect that can cause or contribute to a car wreck. Every Tennessee resident or visitor expects the roads to be properly designed and safe to drive on, but that is not always the case. Roadway conditions contribute to almost 53 percent of car accident-related deaths and injuries each year, according to a 2009 study on the dangers of deficient roadways conducted by the Pacific Institute for Research & Evaluation.

  • Poor road designs include a range of unsafe and dangerous conditions, such as:
  • Poorly designed intersections
  • Improperly placed or missing height warnings on bridges
  • Lack of guard rails
  • Dangerous curves, inclines, or declines

A poor road design can increase the severity of a resulting crash, even if it is not the primary cause of an accident. Combined with other factors, such as a reckless driver or a mechanical malfunction, a poorly designed road can lead to catastrophic and fatal injuries in an accident.

Liability for Poor Road Designs

A car accident victim may hold more than one party liable if they were injured as a result of a poorly designed road. Several parties may be responsible, including a private entity, such as an engineer or architect, or a government agency or municipality.

For a private entity to be liable, a victim has to show that the poorly designed road was a result of the entity’s negligence. The victim must demonstrate that he or she was owed a duty of care; that the duty was breached; and that the breach was the cause of the injuries suffered by the victim.

A personal injury claim against the government is more complex. To hold a government agency or entity responsible, the victim has to overcome the government’s immunity from personal injury lawsuits. In Tennessee, the government is immune if the injury resulted from the execution of its governmental functions unless there is a statutory exception. An exception exists for injuries that are caused by unsafe conditions on roads or highways. To lift the immunity, the victim has to show that:

  • A defective, unsafe, or dangerous condition exists
  • on a street or highway controlled by the government, and
  • the condition caused the victim’s injuries.

Even if a victim is able to show that the government is liable, the amount he or she can recover from the government is capped. A car accident victim’s injuries can very well exceed the capped amounts, which is why it is important to ensure that all at-fault parties are held accountable by consulting with an attorney familiar with the complex nature of car accidents that involve poor road designs.

Recovering Damages for Your Losses

A poor road design can cause injuries that take years to heal, or that result in death. If a poor road design caused or contributed to a car accident, and you were injured as a result, you have the right to seek compensation for your injuries. You may be able to recover for your medical care, lost earning capacity, pain and suffering, and property damage. If your relative died in car accident on a poorly designed road, you may have the right to file a wrongful death claim against the parties responsible for the accident.

Dedicated to Fighting for Your Rights

Knoxville personal injury lawyer Mark C. Hartsoe has the experience, commitment, and resources to help you if you were hurt in a car accident caused by a poor road design. Mr. Hartsoe has spent decades representing victims in personal injury claims, and is ready to fight for you. He will analyze the accident scene, go over your legal rights and options, and represent you in your case. Call us today at 865-804-1011 or reach us online for a free consultation.

Client Reviews
I was on my way to Atlanta and a huge truck rear-ended me and knocked me off the side of the road. I was scared. Didn’t know what to do. I tried working with the insurance company. They are just difficult to work with. I had to call somebody to take care of me. So, My brother told me to call Mark Hartsoe. As soon as I called Mark Hartsoe, he let me know real quick that everything was going to be okay and that he would take care of everything. And, he did. He got me a great settlement. He took the worry off of me. Mickey Anderson
I was hit coming home late at night by a drunk driver who took off. And the next day I was able to track down his vehicle and get the state police involved. At that point, a family friend recommended that I talk to Mark Hartsoe. Pretty much at that point, Mark handled the police, the insurance company and the guy who hit me. Settled with the actual person that hit me. Outside of that, everything came out great. Did not have to go to court. Got a great settlement. Got my car replaced. Got a check. Mark Hartsoe is my lawyer. Nate Holder
I was involved in a motorcycle accident. It was a head-on collision. I broke my arm, injured by knee. I was out of work for a long time and had medical bills, other expenses. A personal friend handed me a card for Mark Hartsoe. I called Mark Hartsoe from the side of the road and he took care of everything. My case was settled out of court. I received a great settlement. Bike was totaled, motorcycle was replaced. It was easy, painless. About as painless as something like this can be. This is why my lawyer is Mark Hartsoe. John Lusinger
I wanted to thank you for the excellent representation and your ability to handle the situation so well with such compassion and strength. We appreciate all of your help, concern and for answering my many questions. It has been a difficult road to travel but when we come across people like you, it really helps to lighten the load. We just wanted you to know how much we appreciate what you’ve done and your ability to handle the situation so well. S. Carter
Thank you so much for all the work you did on our case. We received more than we expected. You were great through the whole time from the first meeting until the last. Thank you so very much. Sam & Judy Kachar