March 12, 2009
/24-7PressRelease/ -- Dangerous Highways in West Virginia
Article provided by Warner Law Offices, PLLC. Please visit our Web site at
http://www.wvpersonalinjury.com/.
West Virginia has some of the most dangerous roads and highways in the country. The roadways south of Charleston are particularly notorious, including Route 10, Route 35 and Route 52. But these aren't the only roads that haven proven hazardous to motorists - Routes 119 and 4 and Interstates 77, 79 and 64 also have been the site of a fair amount of accidents.
What makes a roadway "dangerous"?
Roads can be dangerous for natural reasons, like flooding, snow, ice and other conditions caused by inclement weather.
Roads can be dangerous because of how they were designed and constructed. This includes the design and construction of bridges, overpasses, shoulders, drainage systems, guardrails and other barriers. It also includes the width of roads and bridges, elevation and location of curves and posting proper signs warning drivers of dangers.
Roads can be dangerous because of improper maintenance. Potholes, rutting and depressions can create hazardous driving conditions. Bridges and overpasses also need to be maintained to ensure they can support the level of traffic using them.
Roads can be dangerous because of other drivers. West Virginia has more than its fair share of truck traffic from hauling coal and lumber across the state. If these trucks do not adhere to legal load requirements, the extra weight can damage the roads. Overloaded trucks also create the potential for accidents because the trucks are heavier and more difficult to stop and control. Also, other drivers who fail to follow the rules of the road can make already dangerous roads more unsafe by following other vehicles at unsafe distances, speeding, passing in no-passing zones and driving while under the influence of drugs or alcohol.
Who is responsible for accidents from dangerous road conditions?
The West Virginia Department of Transportation (DOT) is responsible for the design, construction and maintenance of the state's public roadways and owes a duty to the public to keep these roads reasonably safe for their use. This includes protecting the public from conditions that could cause harm to someone using the roads.
In providing these safe roads, the government has a corresponding duty to repair or remedy any defects or other conditions in the roads that may pose a danger to drivers. This may include removing obstructions from the roads, like downed trees, or repairing depressions or broken guardrails. In order for this duty of repair to arise, the appropriate government agency must have knowledge of the existence of the defect. Once the government has knowledge of the condition, then they must repair it within a reasonable amount of time.
The government also has a duty to regularly inspect and maintain the roads. This includes resurfacing roads, checking the stability of bridges and overpasses, filling potholes and any other maintenance necessary to ensure the road is reasonably safe.
In climates like West Virginia that are susceptible to inclement weather, the government has a duty to remove snow and ice within a reasonable amount of time, particularly from heavy traffic areas.
It is not uncommon for the state's DOT to contract out work related to the maintenance, repair, design and construction of the state's roadways with other third parties. However, when the state does so, it does not escape potential liability for any accidents or property damage caused by a dangerous highway condition. Rather, the injured person may have an action against the state and the particular third-party, in addition to any other drivers who may share some responsibility for the injury.
All of these duties imposed on the state to provide safe roadways and protect drivers from dangerous road conditions do not mean that the government can be held liable for any accident on a West Virginia roadway. The government's duty extends only to taking "reasonable steps" to protect against conditions that could be expected to cause an injury to a person exercising ordinary care.
Sometimes, accidents happen because of the driver's own negligent or reckless act. For example, if someone is driving at excessive speeds and hits a guardrail, which then fails, and the person is injured as a result of the guardrail's failure, the fact that the driver was not exercising "ordinary care under the circumstances" by speeding likely will mean he or she cannot recover from the state for his or her injuries.
On the other hand, if the driver is injured because the state failed to fulfill its duties to properly design, construct, maintain or repair a roadway - as is so often the case with far too many drivers - then the injured driver is entitled to bring a suit against the government to recover for his or her losses.
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