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Experienced attorney can pursue negligent roadway design claims

Last time, we began looking at the Kentucky Transportation Cabinet's ongoing investigation of several recent truck accidents on the Spaghetti Junction interchange in Louisville. The investigation, it is hoped, will look particularly at the issue of whether the design of the interchange is contributing to accidents. This would be somewhat surprising, given that the interchange was reopened earlier this year after an extensive safety rework.

If it is determined that there are safety issues with the design which are contributing to large truck accidents, the transportation authority will then be under the obligation to take reasonable measures to address the risk. Failure to do so could put lives at risk. 

Although it doesn't occur frequently, roadway safety design certain can be a contributing factor to motor vehicle accidents. Roadway design negligence can include everything from poor road construction work to inadequate signage. Whatever the reasons for poor roadway design, lives can be placed at risk.

Pursuing motor vehicle accident litigation can be challenging in two respects. First of all, it isn't necessarily easy to prove that poor roadway design caused or contributed to a motor vehicle accident. This is especially the case if the drivers involved in the crash were partially at fault for the crash, or if there isn't yet a well-recognized pattern of accidents on a given stretch of road.  

Another challenge in negligent roadway design cases is that government agencies responsible for roadway design and maintenance are often protected by sovereign immunity. Kentucky law does allow for claims to be filed against the state in connection with roadway design and maintenance negligence, but it is important to work with an experienced attorney to have the best possible chance of a favorable outcome in these cases.

Source: National Conference of State Legislatures, "State Sovereign Immunity and Tort Liability," Accessed August 31, 2017. 

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