Defective Roadway cases can involve many things such as lack of a median barrier or the failure of an existing one. Some common road defects include:
- Misplaced or incorrect road signs
- Guard rail maintenance issues or lack of a guardrail
- Median barrier failure
- Potholes, poor road conditions, failure to maintain road quality
- Lack of traffic lights
- Defective road construction or poor road design
If road defects contribute to a car accident, the government entity that is responsible for the development and maintenance or that roadway can be held accountable.
In this type of complex case, you need a lawyer with expertise who can prove that standards were violated.
Crossover Accidents In Arizona due to a Lack of Median Barriers
The most dangerous kind of “lane departure” accident involves median “crossovers” – where a vehicle loses control, crosses the median and enters opposing traffic lanes. The forces involved in these collisions are extreme and often catastrophic.
According to Arizona’s 2007 report to the federal government, Arizona’s fatal crash rate is 33% higher than in other states (Excerpt – Arizona 2007 Strategic Highway Safety Plan). According to the report, freeway “lane departure” accidents account for many of these fatalities: “In the five years from 2001–2005, lane departure was a contributing factor to 2,958 deaths and 10,957 serious injuries.”
In the report to the federal government, Arizona said it would do things to deal with lane departure and “crossover” accidents, including the installation of median barriers in locations prone to crossover accidents (Median barrier countermeasure – Strategic Highway Safety Plan 2007). National standards require these types of median barriers.
Unlike many other states, Arizona has no system in place to monitor crossover accidents, so they could install median barriers as needed.
Despite a plan to address the problem, and despite national standards, as of 2016, ADOT has done little to address the locations where these crossover accidents are occurring.
Verdicts Against ADOT
In 2012, a Maricopa County jury returned a $7.8 million jury verdict against the State of Arizona because they failed to provide a median barrier on I-10 just east of Phoenix. A man and his six-year-old daughter died in the collision. ADOT failed to do its job, and the jury correctly held them accountable.
In December of 2015, a second Maricopa County jury returned a $47 million jury verdict against the State in a similar case that occurred at the same milepost on I-10. Two women driving from Tucson to Phoenix to help a relative move died in a horrific, median crossover accident.
How We Can Help
If you or a loved one have been involved a severe car crash on an Arizona highway such as I-10, I-19 or I-17 that could involve a roadway defect, you deserve the most experienced defective roadway lawyer in Arizona. We understand the complexities of these cases and know what kind of experts are needed.
Contact us to schedule your free case consultation. We will listen, answer your questions and help you make an informed decision about taking legal action.