Dangerous Highways in North Carolina
Severe accidents often occur on North Carolina highways, interstates and other roads, resulting in serious injuries for drivers, passengers, pedestrians and bystanders.
April 24, 2009 /24-7PressRelease/ -- Dangerous Highways in North Carolina
Article provided by Nagle & Associates, P.A., please visit us at http://www.naglefirm.com
Dangerous roadways are a growing concern in North Carolina. Highways, interstates and other roads are used constantly by families, commuters and for commercial purposes. With such constant use, severe accidents often occur, resulting in serious injuries for drivers, passengers, pedestrians and bystanders. Roadways may be considered dangerous for a variety of reasons, including poor road maintenance, faulty design, severe weather, other drivers and hazards due to the trucking industry. Some roadways in North Carolina are considered particularly dangerous, such as highway 75, 77, 85 and interstate 40 (through the mountains).
Possible Sources of Dangers
There are many sources of roadway hazards. Some may occur due to natural reasons, such as flooding, snow and ice. These types of severe weather conditions often cause wear and tear on the surface of roads and bridges. General usage may also cause wear and tear, creating hazards like potholes, grooves and buckling. Bridges must also be examined to ensure supports are intact and can bear the necessary amount of weight. Without proper repair and maintenance, the damaged surfaces may continue to deteriorate, making the roadways unsafe.
Other dangers on the road may be due to a faulty design or structural defects in the roads. Some examples of such hazards may be improperly designed railroad crossings, bridges or overpasses, steep slopes, lack of bridge rails, confusing transition lanes and inadequately designed landscaping that obstructs motorist visibility. Further hazards due to poor maintenance or design may include large trees or poles near roadways, construction zone hazards, insufficient signage and ineffective traffic control.
Additionally, some hazards on the road are the result of other drivers. Drivers may create dangers for many reasons, including inattentive driving, improper merging, lane departures, heavy traffic/congestion, running red lights, disobeying traffic signals, driver fatigue, cell phone use, speeding, inexperienced drivers, elderly drivers, road rage and drunken driving.
Trucking Industry
The trucking industry may also create hazardous conditions to roadways. Trucking in North Carolina has grown in recent years. This has caused a shortage of truck drivers, inexperienced drivers (new to the trucking industry) and insufficient driver training. This, in turn, has lead to accidents on the road and injuries to other drivers.
Federal Motor Carrier Safety Regulations and North Carolina safety laws require trucking companies to keep their vehicles properly maintained. Failure to meet these requirements results in illegal operations. Examples of trucks operating illegally in the trucking industry include inadequate vehicle maintenance, improper inspections, lack of necessary repairs, excessive wear on vehicles and inaccurate or missing inspection logs and maintenance records. Overloading of vehicles also creates unsafe conditions; the extra weight makes the trucks more difficult to control and may damage the surface of the roadways.
Some truck drivers may also create unsafe conditions on dangerous highways by failing to follow the rules of the road. This may include following other vehicles too closely, poor freight handling, illegally passing other vehicles, driving while overworked or fatigued, speeding or driving while intoxicated.
Who May be Liable?
In general, the government has the duty to maintain roadways and keep them safe. The responsible party may vary depending on the dangerous condition that caused the accident and the specific facts surrounding an incident. In North Carolina, the responsible parties may be the North Carolina Department of Transportation, a county or municipal engineering department, a private property owner or a road construction or maintenance contractor. To learn more about who may be responsible under certain circumstances, it may be beneficial to speak to an attorney in your area.
The government owes the public a duty to keep roadways reasonably safe and in good condition. This may include periodic inspections of roadways and bridges to ensure their safety as well as regular maintenance to make sure they remain safe. Maintenance may include removing snow and ice, resurfacing roads, filling potholes, removing fallen trees or other barriers and making other repairs. The government has a duty to make regular inspections and repair any defects or dangerous conditions within a reasonable amount of time.
Contributory Negligence
If you have been injured in an accident caused by dangerous road conditions, it is important to assess whether your actions may have played any part in your accident. North Carolina is one of the few states in the country that follows the rule of contributory negligence. This means that if you were even partly to blame (one percent negligent), you will not have a legal claim and will not be able to recover for your injuries. Please consult an attorney in North Carolina to learn more about contributory negligence and determine if this rule may affect your claim for recovery.
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