Cincinnati Road Defects Attorneys
Some motor vehicle accidents may be the result of some kind of negligence by one of the drivers involved and some crashes might be caused by mechanical issues with one of the automobiles. However, another possible reason for car accidents could be attributed to the condition of the roads that vehicles are traveling on.
Governmental agencies in Ohio and Kentucky have an obligation to review traffic patterns and make adjustments to roads to help reduce the likelihood of crashes. When an agency does not correct a potentially dangerous condition, then it may be possible that the governmental entity is liable for the causes of the damage.
Did you suffer severe injuries or was your loved one killed in a vehicle accident caused by a roadway defect in the greater Cincinnati area? You could be facing a very complicated personal injury claim, but the good news is that you do not have to handle it all by yourself.
Lawrence & Associates Accident and Injury Lawyers, LLC will handle all of the legal aspects of your claim so that you can focus on your recovery. Call (513) 351-5997 or contact us online to set up a free consultation.
Do I Need A Road Defects Lawyer?
Roadway defects can be very difficult kinds of cases to prove and hold government entities accountable for. In many cases, the agencies involved will claim that they took all the necessary steps and that any deterioration in the condition of the road was a natural and unpreventable condition beyond their control.
An attorney will have a far better understanding of the most effective ways to approach these types of cases. The lawyer will be able to investigate your accident and also be able to obtain all records related to a governmental agency’s maintenance of that roadway.
Certain governmental agencies may have additional requirements for injury claims that can cause major confusion for most people. Having an attorney to handle your road defects claim will ensure that you are not wasting any valuable time and you can work toward a resolution much more efficiently.
Some victims might be contacted by insurance companies seeking to settle the road defects claims without going to court. You need a lawyer to handle all settlement negotiations on your behalf so they can fight to help you obtain compensation to cover all the different things you are dealing with because of your accident.
Why Choose Lawrence & Associates Accident and Injury Lawyers, LLC To Handle My Case
Lawrence & Associates Accident and Injury Lawyers, LLC’s attorneys are members of the Million Dollar Advocates Forum. We received an AV Preeminent rating from Martindale-Hubbell in 2018, peer-rated for the highest level of professional excellence.
Since 2005, Justin Lawrence has served on the Board of Governors of the Kentucky Justice Association, as a member of the nominating committee for the Northern Kentucky Bar Association, and as a member of the Kentucky Bar since 2005. He was named one of the Top 40 Under 40 by the National Trial Lawyers Association in 2011.
Danielle Lawrence was named one of the Top Attorneys in Ohio & Kentucky Rising Stars by Cincinnati Magazine in 2018. Peter Tripp is licensed to practice in Ohio and Kentucky and is a member of both the Kentucky Bar Association and the Ohio State Bar Association.
It also will not cost you anything up front to have Lawrence & Associates Accident and Injury Lawyers, LLC handle your case. We represent individuals on a contingency fee basis, so you pay nothing unless you recover a financial award.
Types of Road Defects Cases We Handle
Roadway defects include a wide variety of possible hazards. Some of the most common kinds of issues with roadways in Ohio and Kentucky include, but are not limited to:
- Insufficient warnings
- Dangerous curves
- Deficient paving
- Inadequate drainage
- Failure to maintain traffic flow
- Insufficient lighting
- Broken or malfunctioning stoplights
- Overgrown vegetation
- Missing guardrails
- Poor water drainage
- Lack of reflective markers
- Construction hazards
- Defective or substandard materials
- Faded lane markings
- Narrow or inadequate shoulders
- Improperly placed or missing road signs
- Cracked or uneven asphalt or cement
Photographic evidence can be extremely beneficial in these types of cases, so always be sure to take pictures of the particular roadway defects involved in your accident immediately after the crash. You want to get photographs of the conditions before the evidence disappears or a condition is corrected.
Frequently Asked Questions (FAQs) About Road Defects
What is the condition of roads in Ohio and Kentucky?
The U.S. Department of Transportation reports that 34% of roads in Kentucky are in fair or poor condition and 31.4% of the state’s 14,366 bridges are deemed as being structurally obsolete or deficient. In Ohio, 17.8% of the roads need resurfacing or reconstruction and 5.6% of the state’s 27,277 bridges are in poor condition or are structurally deficient.
How might a road be deemed dangerous?
The American Association of State Highway and Transportation Officials (AASHTO) is a standards-setting body composed of each state’s Department of Transportation as well as those of Puerto Rico and the District of Columbia. AASHTO publishes specifications, test protocols, and guidelines relating to highway design and construction, and a roadway can be reviewed to determine if it satisfied AASHTO standards.
Additionally, the Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD) defines the standards used by road managers nationwide to install and maintain traffic control devices on all public streets, highways, bikeways, and private roads open to public travel. It is published by the Federal Highway Administration (FHWA) and MUTCD standards can be similarly examined in roadway defect cases.
How does sovereign immunity impact my personal injury claim?
Under Ohio law, the state waives its immunity from liability (with a couple of exceptions) and consents to be sued and have its liability determined in the court of claims. There is a two-year statute of limitations for civil actions against the state.
Before a civil action can be filed, victims must seek to have their claims settled via Ohio’s liability insurance. If 60 days have passed or the claim exceeds the state’s liability insurance coverage, the plaintiff can proceed with a civil action.
Settlements involving the state must be approved by the Attorney General and the Court of Claims, and no punitive damages can be awarded against the state.
In Kentucky, a Board of Claims has jurisdiction over all civil actions brought against the state. The limit on the award for state negligence in a single claim is $200,000 and the limit on the award for state negligence in multiple claims is $350,000. However, the Board of Claims doesn’t have oversight over civil actions against state employees, so awards for negligence claims brought against individual employees are not capped.
Road Defect Statistics
The National Highway Traffic Safety Administration (NHTSA) reported in February 2015 that, in America each year, 52,000 motor vehicle accidents, or 2 percent, were attributed to the environment. Of those environmental factors, 13,000 or 26% were directly attributable to road defects.
The cost of these accidents is well over $54 million dollars annually. While the monetary cost is high, the cost in the impact on lives is even higher. Many people suffer life-changing injuries in road defects accidents, leaving them unable to return to their previous employment or to return to work at all. In the worst cases, people are killed in road defects accidents, leaving their families permanently changed forever.
Contact a Road Defects Attorney in Cincinnati
If you sustained catastrophic injuries or your loved one was killed in an accident caused by road defects in the greater Cincinnati area, you need to seek legal representation at Lawrence & Associates Accident and Injury Lawyers, LLC immediately.
Our firm is committed to helping you recover the compensation that you are entitled to. We can provide a complete evaluation of your case when you call (513) 351-5997 or contact us online to take advantage of a free consultation.