Automobile Accident Injuries - Dangerous Road Conditions
Every year thousands are injured in automobile accidents on Pennsylvania highways. Some of these accidents are unavoidable; some accidents are caused by careless or even reckless drivers. Many of these accidents, however, result from the dangerous condition of the highway. Too often, the injured victims are not fully compensated for their loss because they fail to recognize they have a claim against the highway department responsible for their injuries. Suing the highway department is no easy task. The state and the local governments, including their highway departments, were initially immune from lawsuits. In 1973, the Pennsylvania Supreme Court abolished governmental immunity for local governments and then did the same for the state agencies in 1978. The Pennsylvania Legislature responded to the Court’s decisions by passing two statutes, the Sovereign Immunity Act and the Political Subdivision Tort Claims Act. These statutes govern claims against the state and local highway departments. Both the state and the county, city or township are responsible for dangerous conditions of their highways. A highway, for instance, may lack a guardrail where a barrier should have been erected or have a guardrail that is inadequately constructed. Here in Western Pennsylvania, because of our freeze and thaw cycles, our roads are plagued with potholes, Even the most careful driver can lose control of his vehicle when his tire is swallowed up by a mammoth hole in the roadway. On state highways, PennDot is responsible if an accident is caused by a dangerous pothole only if it had prior written notice of this condition and an opportunity to correct it. Other dangerous conditions which may impose legal liability on a highway department include improper drainage of water, polished roads with poor skid resistance or malfunctioning traffic signals. Even if a driver runs his vehicle off the road, the highway department may still bear a responsibility for roadside conditions which cause or enhance his injuries. Highway engineers have recognized since the late l960s that motorists, run off the roadway for a variety of reasons and that serious accidents and injuries can be avoided if a safe, roadside recovery area is provided. This recovery area, called a “clear zone”, should be free of obstacles such as unyielding signs or light poles, utility poles and steep slopes. As we approach the winter months, many motor vehicle accidents will be caused by the inclement weather. The highway departments are not responsible for accidents caused by natural accumulations of ice or snow. They are responsible, however, if they plow the snow in such a way as to create a dangerous condition or obstacle. Personal injury lawsuits in Pennsylvania must be filed within two (2) years after the date of the accident. For injuries caused by dangerous road conditions, however, a lawsuit may be barred if written notice of the claim is not made within six (6) months after the accident. It is important for injured motorists to seek prompt legal advice if roadway conditions may have contributed to their motor vehicle accident. |
