Design of roadways has improved greatly over the entire 19th and 20th centuries and is still an ongoing process. However, roads are man made and human errors resulting in design flaws or constructional faults still keep contributing to motor vehicle accidents.
Poor road conditions are a result of faulty design and low or no maintenance of the roads. The likelihood of an accident can have many factors including design or maintenance. The following are few issues that contribute to accidents:
1. Banking or Camber: Curvature of most roads is angled to accommodate for the centrifugal forces acting on the vehicle at a specified speed. If the angle of curvature is not correct or is malformed or broken due to bad maintenance, it may lead to the vehicle veering out of control and off the road.
2. Barriers/Guard Rails: Placement of barriers, guard rails, speed breakers, medians, and other devices help regulation of traffic by separation of lanes and prevention of vehicles crossing the median, as a result leaving the roadway. If such devices are inadequate or missing, they make the drivers vulnerable to more accidents.
3. Road Markings: The markings on a roadway should be highly visible and understandable to motorists. Use of reflective markings or reflectors help drivers to stick to their lanes at night or in poor visibility. Maintenance and proper use of broken and solid lines to isolate unsafe areas for passing and proper coloring of lane markings can help make travel safer.
4. Road Surface - Road surface is responsible for generation of friction between the surface and the tire. Friction helps in keeping the vehicle steady on the road, instead of flying off the surface. Smoothening of roads by excessive use can result in lesser friction resulting in motorists to skid on the surface. Maintenance and relaying of roads is essential form time to time.
5. Signage: Well illuminated and properly placed signs facilitate drivers to anticipate further intersections or hazards and will render driving safer. Maintenance is required to keep these signs in working order and well painted.
6. Traffic Control Devices: Placement and working traffic signals, stop or yield signs, lights highlighting intersections, school or pedestrian crossings and other devices to control the traffic would go a long way in improving driving safety.
An accident claim due to inadequate or faulty design can be made against a governmental agency or department; the defense can be that of sovereign immunity. The analysis of this immunity itself is complex and needs a thorough analysis of laws. Choosing a solicitor with experience in these matters is absolutely necessary to make sure the compensation claim is won.
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