Defective Roadway Design

Design defects in roadways refer to flaws built into the road’s design—improper slope, missing signage, poor drainage, inadequate intersection layout, etc.—that create a hazardous condition from the start. Negligent roadway design cases differ from negligent roadway maintenance cases (allowing potholes or crumbling asphalt to exist) and are subject to different legal rules. In this post I will explain how you prove a faulty roadway design case, but will also compare such proof to the proof required for negligent roadway maintenance cases.

Legal Hurdles for Defective Roadway Design Cases

Under New York law, municipal entities enjoy qualified immunity with respect to roadway design. To overcome it, plaintiffs must show that the design had “no rational basis” or was “plainly inadequate”, or that the municipality knew of its dangers and failed to correct them in a reasonable time frame Justia+5Central New York Injury Lawyer Blog+5Reddit+5.

Proving roadway design liability in New York State involves navigating a complex legal and technical terrain. If you were involved in an automobile crash that you believe was caused by a faulty roadway design or negligent maintenance of the roadway, you absolutely must hire a New York defective roadway design lawyer with experience in this rather daunting sub-specialty of personal injury law. What follows is a breakdown of the main issues your lawyer will need to address in your defective roadway case.

Whom to Sue?

One of the first considerations is whom to sue. Usually, the owner of the roadway is responsible, or whatever entity “controls” it, though there are situations where a private contractor may also be held liable. It is not always clear to a lay person who owns or controls the roadway. In New York, it can be a Town, County, Village, City or the State of New York. Sometimes it is a combination of these entities. Thorough research must be conducted to ensure the right entities are being sued.

Articles Posted in Defective Roadway Design

Understanding Faulty Roadway Design / Maintenance cases in New York

Syracuse Injury Lawyer: Proving a Defective Roadway Design Case in New York State