“Litigation is the pursuit of practical ends, not a game of chess.”
Supreme Court Justice Felix Frankfurter
Indianapolis v. Chase Nation Bank
Road Construction Destruction
Driving is an enormous part of everyday life, which means that wrecks are also a part of everyday life. In 2005, in Texas, there was one reportable crash per 68 seconds and the costs of these accidents exceeded $19 billion.
Regardless of the circumstances, vehicle accidents can be physically, emotionally, and financially devastating. Wrecks are difficult and traumatic not only for those directly involved but for family and friends as well. The aftermath of an accident finds many in shock as they sift through the facts and try to ascribe fault to the right person or situation.
Many people are blamed for their own wrecks for reasons such as driver error, driving while drunk, falling asleep at the wheel, etc. Fault should not always be borne by those behind the wheel, though. In fact, there are four major factors that contribute to vehicle accidents. The causes are, from the least to greatest, mechanical issues, road design / maintenance, road condition, and poor driver performance. High on this list is road design and maintenance, which is a tragically preventable contributing factor.
Road designs with blind turns, blocked signs, bulges or dips in the road can create a recipe for disaster for vehicles being driven by unprepared or distracted drivers, those who are driving too fast or those who have been drinking. Roads with temporary diversions because of construction also become highly problematic for many drivers.
When this type of accident occurs, it’s time to look not only at the fault of the drivers but also at the engineers, architects and designers of the roads as well as the state, city and county governments in charge of their maintenance.
Negligence Liability Concerning Dangerous Highways
The cause of action against a governmental entity or a private entity in this situation is usually one based in negligence, and the statute of limitations for bringing such a suit in Texas for a personal injury claim in negligence is two years from the date of injury or accident.
Finding the right lawyer is the key to your being able to recover compensation for your injuries so that this one accident does not determine your financial or medical status for years to come.
Money Damages and Statute of Limitations for Dangerous Highways
Financial recovery can include present and future medical bills. Other potential areas of compensation, depending on the facts of the situation, are mental pain and suffering damages, lost past and future wages, permanent impairment/disfigurement, punitive damages, wrongful death damages and loss of enjoyment of life.