Motorists have the right to feel safe when driving on Louisiana roads and highways.
However, construction, defective roadways and poor maintenance can cause vehicle accidents.
Who is responsible if you find yourself the victim of a crash?
Construction zone crashes
Speeding is the number one cause of construction zone crashes. However, it is imperative for construction companies to exercise well-thought-out safety measures or risk being held liable for the injuries motorists suffer in a crash. For example, construction companies must ensure that the signs alerting drivers to an upcoming construction zone are clean and easy to read. They must also ensure that there are no obstructions to impair the flow of traffic.
Poorly maintained roadways
Potholes and other roadway defects pose a danger to motorists. The Louisiana Department of Transportation and Development has a responsibility to “maintain, repair, and regulate” the use of the state’s roads and highways. This means that DOTD must maintain minimum safety standards. Otherwise, the department could stand accused of breaching its duty to motorists. If accidents happen and injuries occur due to dangerous roadway conditions, liability could extend to the state of Louisiana, DOTD or a similar agency.
Investigating the cause
Following a vehicle crash, it is important to launch an investigation of the crash scene as soon as possible or evidence may disappear. Forensic engineers and traffic reconstructionists are among the best professionals to collect and examine roadway evidence following a crash. Evidence can include skid marks, gouges in the pavement, damage to guardrails, curbs, barrier walls and other structures as well as roadway defects or design flaws. Advocates will use the evidence to assign liability to a state entity, construction company or similar party and work toward obtaining full and fair compensation for the injured victim.
