Motor vehicle accidents are the result of a failure of at least one driver, the vehicle, the roadway or a combination thereof. When an allegation has been made that the roadway may have been defective and that this defect was the cause of the accident, it is important to isolate the reported defect and assess the significance of the roadway in the causation of the accident.
The sooner the alleged defect can be examined and documented, the easier it will be to identify the culpability of the roadway owner or contractor in allowing the defect to remain and the extent to which this condition may have contributed to the accident causation. It's often not enough to just identify a defect when asserting negligence, the roadway owner must have had notice of the defect and sufficient time to warn of or correct the defect and then it must be shown that the defect was proximately related to the collision.
John Desch Associates has experience in both proffering and defending roadway defect allegations and is well established as leading experts in the field of tort claims and roadway defect litigation.