Intersection Accidents - Is a Driver Always At Fault?

The majority of car accidents are the result of a driver being careless or reckless. Yet in some instances human error may have been caused by a roadway or intersection that was designed poorly. In such situations the only course of action may be to sue the government entity that is responsible for the roadway.
Intersections, are a prime place for an automobile accident to occur. Cars are conflicting with each other while attempting to cross, or turn. One that does not give all drivers a clear view of oncoming traffic is considered to be flawed and the problem should be addressed by the highway department. The most common roadway related accidents at intersections are crossing collisions. A crossing collision can happen while attempting to go through an intersection or while trying to turn into a lane. If a drivers’ view is obstructed they will not be unable to ascertain whether it is safe to cross or not. Traffic control devices may be put in place to help drivers, but if they are not outfitted to

meet the needs of a particular intersection they may prove counterproductive. For example, where a simple stop sign may have been adequate 10 years ago, the growing number of cars on the road may dictate that a stop light with a turn signal is now necessary to protect drivers.

In order for a plaintiff to make a case for a hazardous roadway claim there must be evidence that it had become a known trouble spot for accidents. This is usually done with reports of other similar collisions at the same location over a period of time. It is the responsibility of highway inspection agencies to track these dangerous locations and then devise and implement a plan to improve them. A Missouri woman was struck and killed by a car that had driven past a stop sign at a busy intersection. Her surviving husband and children filed a lawsuit against the Missouri Highway and Transportation Commission. They were awarded $250,000 by the jury who felt that a lack of visibility and traffic controls at the intersection led to the accident. As part of the settlement they asked that the intersection be improved upon immediately with a flashing red light and rumble strips to encourage drivers to stop.

There are many defensive mechanisms that can be deployed at an intersection to make it safer for drivers. Separate turn lanes can be added for left hand turning vehicles. These have shown to reduce the amount of accidents by over 30%. Signal heads on traffic lights can also be made larger and programmed for longer cycles. Visibility for drivers can also be improved by restricting parking close to a busy intersection.

If you were hurt in a car accident recently, careful consideration of the circumstances may show that fault lies with the design of the roadway. If you have a suspicion that yours was not the first of its kind to occur at that spot consult with a car accident attorney. With some careful research it may determined that your accident could have been avoided had the highway department reacted to changing needs appropriately.