Auto Accidents Due to Highway Defects: Arguing Against Government Immunity Challenges

When an auto accident occurs fault is often immediately attributed to the driver, who is usually deemed as careless, distracted, reckless, speeding, or drunk. After all, much more than half of the millions of car accidents recorded annually by the US National Highway Traffic Safety Administration are caused by the factors mentioned.

There are times, however, when all the factors that contributed to an accident have been thoroughly investigated do traffic authorities find out that some accidents are actually due to elements that are beyond a driver’s control. Traffic enforcers work so hard to ensure and maintain safety on all US roads and highways; but what if the actual cause s of dangers are the very roads and highways where millions of motor vehicles are driven every day?

Road defects include simple cracks, improperly designed and constructed curvatures, deep pot holes, and uneven pavements. These defects, as well as the many more others, are usually due to the use of sub-standard materials, and very poor road design, construction, maintenance and repair.

The real major impact of road defects can be seen on the consequences of the accidents that occur due to these. Most Tennessee personal injury lawyers are aware that no matter how careful a driver may be, or how much he/she obeys traffics rules, or regularly inspects and maintains his/her vehicle, an unnoticed defect on the road can cause him/her to lose control of the vehicle and end up suffering from a serious injury, such as paraplegia, quadriplegia, brain damage, severe orthopedic injuries, or even wrongful death. And each day a defect remains unrepaired, it will continue to pose risk of an accident to thousands of motorists.

Accidents resulting in injuries, however, even if due to a road defect, but so long as the driver can be proven as also having been negligent, can render federal, state, or local government agencies immune from liability: this is based on Federal and State Government Codes. Thus, it is important that where road defect is the major reason why an accident occurred and an injury sustained, a victim should be represented by a lawyer who is knowledgeable and well experienced about lawsuits based on road and highway defects or personal injury.

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