We talk a lot about roadway accidents caused by inattentive drivers. But people are also severely injured by the condition of the roadway. We have represented individuals involved in accidents due to insufficient guardrails, lack of guardrails, lack of signing, lack of road shoulder, incorrect road striping, malfunctioning signal lights, downed signs, dangerous curves and other types of roadway dangers.

These cases are difficult, however, and an experienced lawyer is an absolute necessity. The roadways are controlled by state entities and those state entities have “sovereign immunity” for injuries occurring on their roadways. In other words, the state is not held liable for injuries suffered in accidents on the state roadways. We have dealt with this issue in the past and we know how to get around it. We will need to show that a dangerous condition existed on the roadway – a condition that was likely to cause injury. For example, if a stop sign is missing at a 4-way stop and an accident results, one could argue that the lack of the sign was certainly dangerous and it was foreseeable that an accident would occur.

The law in Missouri is even trickier. Even if a dangerous condition is established, the state may still have a defense. If the roadway was constructed in prior to the mid-1970s, the state has a “state of the art” defense. This means that the state can argue that at the time the roadway was constructed, it was constructed according to the standards known at that time. There are ways to get over this hurdle too, and we know how. The key to these cases is to hire an attorney as early as possible so that evidence can be secured.

As St. Louis accident attorneys, we handle all types of roadway accidents in both Missouri and Illinois. If you or a loved one has been injured in an accident and you suspect a dangerous roadway condition existed, please contact us at 1-800-517-0602 for a free evaluation.