Michigan Dangerous Road Defect Lawyer

Car accidents can occur for various reasons, such as negligence, distracted driving from cell phones, or driving under the influence. But some accidents result from Michigan’s defective highways, especially in winter conditions that can cause the roads to deteriorate. Dangerous road conditions can cause drivers to get into catastrophic car accidents, causing significant injuries and death.

Government immunity protects government entities from being held responsible for failing to maintain or repair public roads unless an exception applies. Let Cochran, Kroll & Associates, P.C. use our decades of experience to defend your rights.

An experienced car accident lawyer at our law firm can investigate how the accident happened and determine whether there were any defects on the road. We can also decide whether or not you have grounds to file a lawsuit against the government agency in charge of highway maintenance.

Common Dangers on Michigan Highways

Neglect and lack of maintenance can cause roadway defects. If left unrepaired, they can increase the likelihood of accidents for those traveling on them. Several common defects contribute to dangerous driving conditions, including:

Uneven Pavement

Highways with uneven pavement can lead to unsafe driving if a driver attempts to switch lanes between uneven surfaces. The varying pavement heights can damage the tires, cause the tires to blow out, and damage the car’s axle. Uneven roads can also prevent drivers from adequately adjusting their speeds.

Poorly Designed Roads

Improperly designed or built roads can become dangerous for drivers. Blind curves leave little time for drivers to react to oncoming traffic or road hazards, while narrow streets may not have enough room for cars to pass, especially with other vehicles parked on the shoulder.

Common problems with poorly designed roads are:

• Lack of barriers between lanes of traffic
• Blind curves and short ramps
• Roads with narrow or no shoulders
• Broken or erroneously placed guardrails
• Poor or lack of lighting on highways

Inadequate Traffic Control Devices

Without traffic signals or unclear informational signs, drivers may be unsure how to proceed at intersections and highways. Confusion among drivers can lead to collisions at intersections, fender benders from those behind confused drivers, or traffic backups.

Traffic signals can also malfunction over time. For instance, if both roads of an intersection show a green light, drivers expect the crossing road is red. Instead, cars on both roads will enter the intersection, possibly causing a T-bone collision.

Filing a Lawsuit for a Defective Road Accident in Michigan

Local governmental agencies are responsible for highway maintenance and repairs to ensure driver safety under MCL 691.1402. However, if you want to hold a government agency liable, you need to prove two elements in your claim:

• The government agency must either know or have known about the existing highway defect for at least 30 days.
• The agency had reasonable time to remedy it before the damage occurred.

Submit Your Claim to the Department of Transportation

You will need to submit a claim if you believe the government is liable based on the above criteria. If the vehicle damage is less than $1,000, you can submit a highway defect claim to the Michigan Department of Transportation (MDOT) without the help of a lawyer.

The defect must be on a state trunkline, the legal term for all state highways in Michigan, including Interstate, U.S. Highways, or State Trunkline Highways. They’re easily identifiable as starting with the letters M, I, or U.S. route.

However, the MDOT emphasizes that they deny most damage claims under the government immunity laws of MCL 691.1402 and MCL 691.1403. If you want to claim damage over $1,000, you need an attorney to file a lawsuit against the MDOT.

Follow the Notice Requirements

The government agency responsible for the defective road must receive written notice of your intention to sue them before you file a lawsuit. You can hire an attorney to help you complete your notice of injury, which includes the following:

• Place and nature of the defect
• Your sustained injuries
• Witness names

Deadline for Submitting Your Claim

The steps necessary for suing a government agency require the guidance of an experienced Michigan car accident lawyer. They can ensure the timely filing of your claim to ensure you are within the statute of limitations on filing based on defective roads.

Generally, the statute of limitations on road accidents is two years, but for defective road claims, the injured person must notify the government agency within 120 days. Because there are many other nuances and stipulations with government agencies, it’s always best to consult a lawyer who has experience with the rules and regulations.

How Your Attorney Proves a Road Defect in a Car Accident

As an injured person, you must provide evidence that the government was aware of the defect and did not take steps to repair it. Your accident attorney can offer these resources to help prove these points:

• Research police reports from previous accidents on the same stretch of road where people were injured or killed in similar crashes.
• Interview witnesses who may have seen a defect, such as a pothole, that could help prove your case.
• Review photos and videos of the accident scene to document any road defects during your accident.
• Consult accident reconstructionists and civil engineer witnesses to measure the road defect that caused your vehicle accident.

They can also assess your vehicle damage repair costs and estimate for your claim. Your lawyer can litigate your claim based on their determination of fault by the government agency and work tirelessly to seek a fair settlement.

Call a Michigan Road Defect Lawyer After Your Accident

If you or a loved one was an accident victim of a poorly maintained road, the personal injury attorneys at Cochran, Kroll, & Associates, P.C. can help you with your claim. We can investigate the road’s history, prove negligence, and help you hold the negligent party responsible for your vehicle damage.

Our contingency fee basis means we only get paid if we win your case, so there is no financial risk to you to get started. Call our law firm today at 1-866-MICH-LAW and schedule your no-obligation, free case evaluation.