The Role of Roadway Design in Accident Liability
Highway engineers of the past worked in a far simpler environment than those practicing today. Modern designers must navigate strict environmental regulations, wetland protection policies, extensive public input, and other challenges that make highway planning far more complex.
Lawsuits against highway agencies have been common in recent years, with reports of enormous financial judgments causing widespread concern. Many designers lack a strong understanding of the law and fear legal ramifications.
Even when engineers do understand the legal system, it is constantly evolving. Each new court ruling adds to the body of common law, and every legislative session can bring new codes. A decision considered acceptable today could become legally problematic decades later if standards change.
As a result, many designers adopt a highly cautious approach. Uncertainty about current and future legal risks often pushes them to rely on outdated, conservative design standards rather than innovate. At the same time, designers who fail to act carefully and responsibly increase the likelihood of facing legal action in the future.
Types of Faulty Road Design
Faulty road design may include the following:
- Inadequate signage. Poor or missing road signage is a frequent design flaw that increases the risk of crashes. Without clear guidance on speed limits, lane merges, or upcoming turns, drivers are left to guess, often leading to hesitation or sudden maneuvers. This uncertainty creates unsafe driving conditions and heightens the chance of collisions.
- Hazardous intersections. Intersections are among the most dangerous areas on the road, and poor design only amplifies the risks. Blind spots, unclear right-of-way rules, and insufficient traffic control measures put every driver at risk. Research shows that more than 20% of accidents occur at intersections, often due to limited visibility and congestion.
- Improper speed limits. Speed limits that do not align with roadway design can dramatically increase accident frequency and severity. While higher limits may improve traffic flow, they also shorten reaction time and reduce braking distance. Speed limits should reflect road features such as curvature, lane width, and surrounding land use. When limits are set too high, even minor errors can result in catastrophic outcomes.
- Insufficient buffer zones. Buffer zones are the safety margins between traffic lanes and roadside hazards such as trees, poles, embankments, or guardrails. Without adequate space, minor driver mistakes can escalate into severe accidents. Fixed objects located too close to fast-moving traffic leave little chance for recovery, making proper buffer zones an essential safety feature in road design.
Contact a Personal Injury Lawyer
Engineers have a huge responsibility when it comes to safe road design. When accidents occur due to unsafe road conditions, government entities can be held liable.
If you’re involved in an accident and suspect that poor road design played a role, a Houston car accident attorney from The West Law Office, PLLC can assist you. We can assess whether road design was a factor in the accident and advise you on available legal options. To schedule a consultation, call (281) 347-3247 or fill out the online form.
Source:
onlinepubs.trb.org/Onlinepubs/trr/1995/1512/1512-004.pdf
