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Defective Roadway Accidents

May 15, 2020 By The Law Office of J. Clay Mccaslin

Roadway defects present dangerous and deadly hazards for people in motor vehicles, bicyclists and pedestrians. They can cause accidents which at first appear to be caused by driver negligence. You can recover compensation for your injuries or the loss of a loved one caused by roadway defects, but it’s a tough battle and you’ll need the help of a dedicated Oregon motor vehicle accident attorney to win.

Examples of Roadway Defects

Roadway defects can cause accidents or cause injuries to be worse when accidents occur.

  • Malfunctioning traffic signal
  • Lack of streetlights
  • Malfunctioning streetlights
  • Improper road or intersection design
  • Dangerous bike path design
  • Dangerous bus stop design or placement
  • Lack of crosswalk or inadequately marked crosswalk
  • Dangerous intersections that have not been modified despite past indications of hazard
  • Intersection that should have a traffic signal but does not
  • Pothole or improperly filled pothole
  • Poor drainage
  • Excessive oil and/or gravel
  • Improperly banked curve
  • Missing or obscured stop sign, including those obscured by vegetation
  • Inaccurate road signs
  • Inadequate or insufficient notification of changes in the shoulder
  • Shoulder drop-offs
  • Inadequate or insufficient notification of impending conditions such as construction zones, merging traffic, or hazardous weather conditions
  • Inadequate or malfunctioning warning signs or signals for conditions such as curves, dips, and bumps
  • Debris and obstacles which are not been removed in a timely fashion
  • Inadequate highway division status, line striping and edge lines
  • Lack of proper barriers to protect pedestrians from motor vehicles
  • Dangerous railroad crossing
  • Lack of breakaway device on poles
  • Missing or defective guardrails

Holding Governments and Property Owners Accountable

Most defective roadway claims are made against the government entity in responsible for the design, construction and/or maintenance of the defective roadway. When suing a government entity, you have a very limited amount of time to take legal action and you give notice of your intent to sue.

More rarely, defective roadway claims are made against property or business owners. For example, if you were hit by a car in a store parking lot due to dangerous parking lot design.

To find out how you can recover compensation for your defective roadway injuries, call the Law Office of J. Clay McCaslin at 503-239-1910 or contact us online right away.

Filed Under: Blog, Pedestrian Accidents

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1211 SW Fifth Avenue
Suite 2250
Portland, OR 9720-4319

Ph: 503-239-1910
Fax: 503-926-9150

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