Welcome to HurstInjuryLaw.com, the personal blog of William W. Hurst, Attorney at Law in Indianapolis. This is where Bill will post his research notes, case studies, and legal news for public viewing. Feel free to browse the site and use any content you find for your own blogs so long as you properly cite our site. For information on Bill's legal practice, please visit his business website at BillHurst.com.

Archive for August, 2011


PARALYSIS CAUSED BY SPINAL CORD INJURIES ARISING FROM ACCIDENTS

Filed Under: Personal Injury Cases by jlong — Leave a comment
August 29, 2011

There are 247,000 Americans currently living with spinal cord injuries and approximately 11,000 injuries each year.  Children make up 5% of the persons living with spinal cord injuries, usually as a result of a traffic injury or a fall.  A much higher percentage group is young adults, mostly male, who make up 78.2% of Americans living with spinal cord injuries.  In the 1970s the average age was 28.6 years and currently the average age is 38 years, largely due to the number of injuries occurring in persons over the age of 60.  Motor vehicle crashes and traffic accidents are the leading causes of spinal cord injury (54.4%).  Injuries caused by falls come in second with 23.8% while the rest follows with violent acts and sports injuries.  There does seem to be a decrease in work-related injuries but an increase in injuries caused by sports and recreational activity. http://www.catastrophicinjury.com/description_spinal.php    For a comprehensive website on spinal injuries see http://www.brainandspinal.org/ 

ABC news recently reported that Dr. Donald Leslie, who was the medical director of Shepherd Center in Atlanta, Georgia, performed the first embryonic stem cell therapy on a 21-year old college student who lost control of his car and suffered severe paralysis as a result.  Stem cells are building blocks of life and have been used in laboratories to repair broken spinal cords of small animals who did walk again.  Atchinson agreed to become test case number one.  Doctors opened his wound and used a remote control to guide the needle and inject the spinal cord with a small dose of two million cells that they hoped would transform into new nerve cells, attach to the muscles and re-fire Atchinson’s nervous system.  Six months after the therapy Atchinson indicated that he is able to sense weight when someone places a heavy item on his lap.  It is barely there but Atchinson indicated that he can sense something.  When he rubs his leg he says “I can feel that.  There is something there.”  His doctors at this time are cautiously optimistic.  http://abcnews.go.com/Health/spinal–injury-victim-undergo-embryonic-stem-cell/story?id=13742532

Spinal cord injuries were once frequently fatal but over the past 50 years new treatments have developed to help people with spinal cord injuries survive.  In the case of a traumatic spinal cord injury due to an accident immediate and comprehensive trauma care is crucial for both survival and long term outcome.  A competent trauma team can do much to minimize the spread and damage of spinal cord injury.  The long term prognosis for spinal cord injury depends on the nature and location of the injury as well as the quality of care received.   In the initial stages of the emergency trauma center doctors will work to make sure that you are stabilized and no further injury will occur.  You will continue to be immobilized while under going tests such as CAT scans and MRIs.  These imaging tests will help the doctors determine the extent of your injuries.  Spinal cord injuries have a tendency to worsen after the initial injury, but a corticosteroid drug first used for spinal cord injuries in the early 1990s may help reduce the extent of the spread of inflammation and injury to nerve cells.

During the first few hours and days after traumatic spinal cord injuries doctors may need to operate to remove foreign objects, bone fractures, fractured vertebrae and herniated discs that are compressing the spine.  Sometimes surgery is also necessary to stabilize the spine.  However the precise time to perform emergency surgeries is controversial.  Some doctors believe that the sooner the operation is performed the greater the chances.  Other doctors are convinced that surgery should be postponed for several days so that the patient’s condition will be more stable.  There are other surgical procedures that may help later in your road to recover as much function as possible. For example, there are tendon transfer surgeries which sometimes help people with spinal cord injuries gain more control of their arms and legs.  Tendon transfer surgeries are utilized only for people in relatively good health as it requires a period of being immobile for a length of time prior to surgery. Staying immobile for a period of time may create other problems such as bed sores, blood clots, respiratory problems, spastic muscles and the like.  There are of course other related injuries that appear such as blood pressure issues, stroke or seizure.

Once the patient’s condition has been stabilized rehabilitation can begin.  It is important that rehab begin as soon as possible so that the muscles do not atrophy.  Today there is a lot of new technology which can assist physical therapy, giving the victim the best chance of recovery.  Normally physical therapy begins at the hospital and later at a rehab center where a person receives more and advanced therapy as the condition improves.  The victim and his or her family will be taught techniques for managing skin care and dealing with various kinds of infections as well as adapting the home to a new situation.  In recent years there has been a lot of exciting technology, for example there is an implantable system that can allow people with certain types of spinal injuries to grasp objects with their hands.  This device is controlled by the shoulder’s position and is commonly used with tendon transfer surgeries.  Legs may benefit from electrodes which allow persons to ride a stationary bicycle.  This strengthens the muscles, bones and cardiovascular system. 

The U.S. News and World Report  identified what it believes are the top ten rehab hospitals in the United States for persons suffering from paralysis in 2007.  The Rehabilitation Center in Chicago was named number one.  Visit the RIC’s website at http://www.ric.org   The second leading rehabilitation hospital was Kessler Institute for Rehabilitation at www.kessler-rehab.com .  Third, the University of Washington Seattle Medical Center at www.uwmedicine.org  Fourth, Memorial Herman TIRR at www.tirr.org.  Fifth, Mayo Clinic at www.mayoclinic.org.  Sixth, Craig Hospital at www.craighospital.org.  Seventh, NYU Medical Center at www.nyumedicalcenter.org  Eighth, Spalding Rehab Hospital at http://spaldingrehab.com/ .  Ninth, National Rehab Hospital at www.nrhrehab.org.  The tenth rehabilitation hospital was Ohio State Hospital at www.medicalcenter.osu.edu

Another survey taken in 2009 indicates that 1 and 50 Americans live with some form of paralysis.  There have been no solid estimates until this one as reported by the Christopher and Dana Reeve Foundation, which recently released the survey.  The average age acing to the survey of those who responded indicated that they are paralyzed at age 52.  Accidents at work were the number one cause of spinal cord injuries followed by motor vehicular accidents, then sporting or recreational accidents.  Despite spinal cord injuries, there are forms of paralysis which include stroke, multiple sclerosis, cerebral palsy and post-polio syndrome.  The Christopher Reeve Foundation is seeking better adherence to the American Disability Act and more support for the family care givers for those who are paralyzed.  The Foundation tries to put a human face on the problem of paralysis.  www.health .usnews.com/health-news/family-health

The Institute for Advanced Reconstruction has indicated that there are several new developments that would allow patients to regain function to restore the appearance in ways that are almost unimaginable in the not-to-distant future.  The Institute for Advanced Reconstruction offers various types of treatments for new advances in nerve construction for paralysis treatment to newer, more life-like methods of breast reconstruction.  Another avant garde treatment involves electrical implants for paralysis treatment.  Electric stimulation from a spinal cord implant mimicking the signals of the brain has allowed paralyzed patients to stand on their own and walk on a treadmill with assistance, acing to researches as reported by CNN Health at www.cnn.com/2011/HEALTH/05/19/paralysis.implant.treatment/index.html .

At a news conference in New York City recently doctors introduced Rob Summers, a 25-year old paralyzed spinal cord injury victim from Oregon.  Summers received continual epidermal stimulation at the lower spinal cord.  This enabled his muscles and joint movements that are required to stand and with assistance to step.  Acing to Dr. Reggie Edgerton, a professor in the Department of Biology and Physiology at the University California Los Angeles indicated that the stimulation causes changes in the brain and changes in the spinal cord.  A therapy already used in a number of U.S. hospitals known as functional electrical stimulation, in which stimulants or electrodes are placed on the skin above the muscles to help chronic spinal cord injured victims move their limbs and in some cases walk with assistance.  In this new procedure however, the electrodes are implanted under the patient’s body which creates a constant signal.  It is urged that this does not represent a cure for spinal cord injuries but it is definitely a basis to build on.  This project which is outlined in the latest issue of the medical journal Lancet was funded by the Christopher and Dana Reeve Foundation.  For more on Rob Summers see http://articles.latimes.com/2011/may/20/health/la-he-spinal–20110520

Clearly the future of spinal cord research has been fueled by significant federal and private funding during the past decade.  This is good news for the 10-12,000 Americans who sustain these traumatic injuries.  Many of the researchers are supported by NINDS http://www.ninds.nih.gov/disorders/sci/detail_sci.htm Researchers are actively developing innovated research strategies aimed at making new discoveries that will translate to better clinical care and better lives for the victims.  For more information for neurological disorders and/or research  programs the National Institute for Neurological Stroke contact the institute’s brain resources and information network at P.O. 5801 Bethesda, Maryland, 20824 or call by phone at 800-352-9424 or visit the website at http://www.ninds.nih.gov  Other valuable resources would include the National Spinal Cord Injury Association, http://www.spinal.org; the Spinal Cord Society at http://www.scsus.org; Paralyzed Veterans of America at http://www.pva.org, National Institute on Disability and Rehab Research at www.ed.gov/about/offices/list/osers/nidrr For publications in Spanish see http://espanol.ninds.nih.gov/ which is the National Institute of Neurological Disorders and Stroke publicaciones en espanol. 

 If you or a loved one has received serious life altering injuries, contact William Bill Hurst, an experienced trial lawyer.

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INCREASED DEATH AND INJURIES TO TEEN MOPED RIDERS

Filed Under: Personal Injury Cases by jlong — Leave a comment
August 23, 2011

As the price of gasoline soars more people have been switching to motorcycles, scooters and mopeds, which get far better miles.  But as the numbers of mopeds and scooters rises so will the number of accidents, safety officials have agreed.

The United States Consumer Product Safety Commission has reported that there were 2,870 emergency room treated injuries relating to motorized scooters reported in the first nine months of 2001, and 2,760 injuries reported in 2000.  This was a substantial increase over the prior year which had only 1,330 total injuries reported in 1999.  99% of these injuries occurred in children under the age of 15.  The most common injuries were fractures and most injuries were to the arms, legs, faces and heads.  Injuries associated with non-powered scooters have increased dramatically since 2000.  During 2000, there were 40, 5000 emergency treated injuries associated with these scooters.  Again, 85% of these injuries were in children less than 15 years of age, and 2/3 of these injuries were to males with fractures being the most common injuries.  www.cpsc.gov/pr/prscoot.html

The most current information reveals that more than 256 teen year old boys are killed or seriously injured in moped accidents every year.  This comes from the Institute of Advanced Motorists (IAM).  This number means that moped riders are more likely to be injured or involved in accident or to die while riding a moped than walking, cycling or traveling in a car.  The IAM reports that 16-year old boys are being allowed to ride mopeds with too little practical understanding of safe road craft or defensive riding skills, leaving them particularly vulnerable.  The government is currently reviewing driver training and testing in light of the IAM report, and it is believed that the way 16 year olds are trained and licensed to drive a moped should be reviewed.  The IAM’s recent report entitled The Dangerous Age for Moped Riders analyzes nearly 3,500 teenage moped rider crashes between 2000 and 2006.  This report also found that 90% of the 16 year old moped riders involved in serious accidents are boys, and that 2/3 happen on urban roads.  www.telegraph.co.uk/motoring/motorbikes/5077581/Moped/littlerider-littlerisks.html

The National Highway Traffic Safety Administration (NHTSA) reports the number of fatalities involving mopeds doubled between 2005 and 2008.  In 2009 a Plainfield, Indiana teenager died after a moped accident.  For newscast video covering that and a discussion of Indiana’s licensing law for moped riders see www.youtube.com/watch?v=-pWt6Zi1m2k

Across the nation there have been reported very serious injuries for youths riding mopeds.  In Buffalo, Indiana a young man 18 years of age was struck by a car while riding his moped in May of 2009.  He has been paralyzed from the neck down ever since.  His 1997 Yamazuma is a cross between a moped and a motorcycle with a maximum speed of 45 mph, which was technically slow for a motorcycle according to Indiana Code.

The news reports that moped fatalities in Indiana have nearly doubled, increasing from 9 in 2005 to 19 in 2009, according to the data from the Indiana Criminal Justice Institute.  In 2009, 79% of the 19 moped drivers who were killed in accidents were not wearing helmets.  www.jconline.com/article/20110809/LIFE03/108090305/Teen-story-of-survival

A moped has been defined by Indiana Law as a two or three-wheeled vehicle that is propelled by an internal combustion engine or a battery powered motor.  The maximum speed a moped can travel on a flat surface is 25 mph.  The recent moped crashes and fatalities in Indiana such as the above case have caused people to call for safer and stricter laws for moped drivers.  Indiana only requires riders under the age of 18 to wear a helmet and eye protection.  Drivers 18 and older need not wear any protective gear.  To simply operate a moped, a person need only be 15 years old and doesn’t need to possess an Indiana Drivers License.  Instead, they apparently only need an Indiana Identification Card.

Two recent scooter crashes in Carmel, Indiana have police on a safety campaign.  A teenager was killed in June 2010 at East 98 Street and Keystone Avenue in Indianapolis when his scooter collided with a truck. Another accident involving a scooter happened a couple of hours before at US 31 and 136th Street.  See a video of the accidents and a discussion at http://www.fox59.com/news/wxin-scooter-crash-safety-campaign-061410,0,4639406.story

Indiana legislatures are considering moped rules in a consumer study committee reported by the Indiana Economic Digest in June 2011.  www.indianaeconomicdigest.net/main.asp?SectionID=31&SubSectionID=120&ArticleID=60514  This legislation committee is slated to take up the issue of moped scooters and motorized bikes and consider whether the two-wheeled vehicles should be subject to the same rules as cars and motorcycles. Law enforcement has recently been pushing for more rules for what has been largely an unregulated class of vehicles.  This Commission has noted that the National Highway Safety Administration has reported the number of fatalities involving mopeds has doubled between 2005 and 2009.  However, the number of fatalities involving mopeds has dropped in Indiana from 2009 to 2010.  But according to the Indiana State Police the number crashes on state highways involving mopeds went from 630 2009 to 790 in 2010, with an increase in non-fatal injuries.  Incidentally those numbers don’t include moped-related accidents on county roads or city streets.  http://www.wthr.com/story/14036132/state-lawmakers-respond-to-Indiana’s-moped-loophole?clienttype=printable

If you have been involved in a moped accident and have received a serious injury, please contact the Law Office of William “Bill” Hurst.  We have handled thousands of personal injury cases, many involving moped and motorcycle collisions.  We do not get paid unless you collect compensation.  Please call (317) 636-0808 or toll free at (800) 636-0808 or visit us online at www.billhurst.com     

 

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DEATH AND TRAGEDY AT INDIANA STATE FAIR

Filed Under: Indiana News Articles, Personal Injury Cases by jlong — Leave a comment
August 15, 2011

On Saturday, August 13, 2011, a strong wind toppled the a massive rigging and lighting system covering the Indiana State Fair stage causing it to fall onto the crowd at the Sugarland Concert, killing five people and injuring several men, women and children.  Many of the injured remain hospitalized Sunday,  some with life-threatening injuries.  See video of the collapse http://www.msnbc.msn.com/id/44133994/ns/us_news-life?gt1=4…

The Fair was cancelled Sunday as officials begin the process of determining what happened and respond to questions raised about whether the tragedy could have been prevented.  While Governor Mitch Daniels was “defensive” in his statement that he believed that this was a random act of Mother Nature, a sudden powerful wind gust, that he does not see how anyone could have foreseen.  Others question whether State Fair officials and State Police didn’t take this weather warning more seriously and specifically order an evacuation.  Concert-goers and other witnesses said an announcer at the concert did warn them of impending bad weather, but gave attendants conflicting accounts of whether there were emergency sirens – or a clear warning before the tragedy.  Indeed some fair workers said they never heard any warnings.  Groundskeeper Roger Smith stated that “It’s pathetic, it makes me mad.  Those lives could have been saved yesterday.” 

The stage toppled at 8:49 p.m.  A timeline released by the Indiana State Police showed that the National Weather Service indicated as early as 8:00 that a storm with hail and 40 mph winds was expected to hit the fair grounds at 9:15.  Meteorologists indicate that it’s not unusual for strong winds to precede a thunderstorm like the one that was proceeding towards Indianapolis and the fairgrounds on Saturday evening.  As early as 7:00 p.m. the National Weather Service advised that a thunderstorm would be at the fairgrounds between 9:00 and 9:30 p.m.  The Weather Service advised that the storm would contain heavy rain, lightning, strong winds and 1” to 2” hail.  In areas around the fair grounds proceeding the approaching storm, the Weather Service had been predicting high winds for several hours prior to the collapse.

 The cause of this accident is being investigated by Fair Officials, Indiana Occupational Health and Safety Administration, and State Fire marshal’s office.  The timeline of the weather warning above raises a serious question of why State Fair officials and State Police didn’t take these warnings more seriously and specifically order an evacuation before the storm hit.  Apparently around 8:45 p.m., Bob Rich, who is the program and director for the local country music station, took the stage for an announcement to fans about the approaching storm, that the State Police decide as a preliminary warning.  Apparently,  Rich told the fans that severe weather was  moving into the area but  many of the fans present at the concert indicated that they understood it might rain and the concert might be delayed, but apparently did not receive information or understand that a severe storm was approaching and that they should leave right away.

      Had State Fair officials and Security immediately taken the approach that was taken at Conner Prairie based on these same weather alerts, this tragedy may never had occurred.  The same warnings from the National Weather Service caused a different reaction at Conner Prairie, which is about 15 miles north of the State Fair grounds.  On Saturday about 7,000 fans gathered for the Indianapolis Symphony Orchestra at Conner Prairie.  An MC from a local radio station came out and addressed the crowd, indicating that severe storms were approaching and fans were told they should immediately head back to their vehicles.  This warning came at about 8:15 p.m.   The announcer indicated that Conner Prairie officials felt that they did not think it was safe for the crowd to remain.  He announced repeatedly that “You should return to your cars now”and the crowd dispursed 

This sequence of events in the minutes before the stage rigging collapsed will be one of the issues that the investigating officials will examine.  There will be other issues including whether or not the structure that collapse had flaws or other construction defects.  No other structures at the fair were damaged by the gust of wind that apparently proceeded the storm.  The owner of the Company that provided the rigging, Mid-American Sound Corporation of Greenfield, is also investigating the collapse.  It was earlier reported that Mid-America Company did erect the structure but they may have used some of the Indiana state fair employees as laborers. This investigation is scheduled to take several weeks.  http://www.indystar.com/usatoday/article/49957842?odyssey=mod%7Cnewswell%7Ctext%7CIndyStar.com%7Cp

Saturday’s accident was the worst at Indiana fair grounds since the 1963 explosion at the fairgrounds coliseum which killed 74 people in attendance.

If you or a loved one was involved in this trudge and you would like to speak with an experienced attorney contact William “Bill” Hurst for a free consultation.


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UNSAFE ROAD CAUSED AN ACCIDENT? HIRE A LAWYER

Filed Under: Personal Injury Cases by jlong — Leave a comment
August 5, 2011

Often in car or truck accidents while a negligent driver may be to blame the crash may be caused by more than just the driver’s actions. Often accidents that involve dangerous intersections, unmarked construction zones, and improper installation of signals, dangerous curves, improper markings, and a multitude of other defects in the roadway may contribute to an accident.  Builders and designers of our roadways must follow strict laws.  These laws are created by federal and state governments and are very detailed.  The state authority, local counties and at times cities can be held responsible for dangerous conditions they create by poorly designed streets and highways, as well as the maintenance of these roadways.  The best way to find out if a dangerous road caused a car accident is to contact an attorney who is experienced in this area.  The attorney will visit the scene, read the reports, interview witnesses, and often hire accident reconstruction engineers and the like to determine whether or not the roadway and its defect in some way contributed to the accident.

Particularly in rural areas, automobile accidents and fatalities are often related to poorly designed features such as the lack of a safety margin in the pavement width and limited vertical and horizontal sight distances due to sharp curves and steep grades.  A study conducted by the Public Roads Administration revealed that on a two-way highway with an eighteen foot pavement and grass or gravel shoulder, 11% of the trucks and 5% of the cars failed to keep on their side of the road.  It is been determined that 22-foot pavements are necessary where only cars pass, and a 24-foot pavement is required for cars and trucks.  In a study by Bucknell University civil engineering it is found that 14,000 people die and 542,000 receive injuries from their cars leaving the road surface.  http://web.bryant.edu/~ehu/h364proj/sprg_98/poccia/safety2.html

The American Association of State Highway and Transportation Officials is the standard setting body that publishes specifications, test protocols and guidelines which are used in highway design and construction throughout the United States.  The voting membership of this organization consists of the Department of Transportation of each state in the United States as well as some other countries.  Historically the Federal-Aid Highway Act of 1956 called for uniform geometric and construction standards for the U.S. Interstate System.  For state standard drawings see http://www.fhwa.dot.gov/programadmin/interstate.cfm

It is believed that of the 40,000 people that are killed on American Highways each year, of these deaths 70% could have been prevented in five of the most dangerous roads in the United States were upgraded.  The most unsafe Highways in America are listed as: Bayou Road in Louisiana, US Route 6 in Connecticut, US Route 71 in Arkansas, and US Route 522 in Washington State, US Route 22-322 in Pennsylvania.  http://web.bryant.edu/~ehu/h364proj/sprg_98/poccia/unsafehw.html

A recent article in Marion County indicates that data from the Joint Commission including IUPUI Center for Criminal Justice, the Indiana Criminal Justice Institute in the State of Indiana which extends to the 2010 Traffic Safety Study it is determined that Marion County’s most dangerous intersection ranked by amount of collisions are:

1. 86th St. & Keystone Ave

2. 25th St. & Post Road

3. 86th St. & Allisonville Road

4. Emerson Ave & Southport Road

5. 38th & Shadeland Ave.

6. 30th St. & Shadeland Ave.

7. East St. & Thompson Road

8. 16th & Meridian

Several of these intersections have been on the state’s list of trouble spots for the last several years.  The Commission has helped identify these problem areas and have done an analysis to determine additional safety measurements which can be taken.  In some cases, police officers also target them as “enforcement zones” looking for speeders and drivers running red lights. http://www.wishtv.com/dpp/news/local/marion_county/which-marion-co-intersections-are-unsafe

An example of one such accident involved a lawsuit following a collision of a semi tractor trailer and a passenger car in which the driver of the car was killed.  The automobile driver’s parents and his injured passenger sued Indiana’s Montgomery County, charging the intersection of the state road and county road was negligently designed.  Even though the County had complied with the required engineering standards in designing the intersection, an appellant court found that the County still may be liable.  The parties argued that although this intersection conformed to the engineering standards, the County should have foreseen that drivers of large trucks would disregard the stop sign, causing crashes.  The appellant court held that in intersections designed it is not reasonable “in every instance as a matter of law” solely because it complies with engineering standards.  Thus in Indiana even though a municipal or a governmental subdivision complies with the design laws it still may be negligent even though the engineering standards have been complied with.  The Indiana Design Manual may be seen online at www.in.gov/dot/div/contracts/standards/dm/   As well the Indiana Manual on Uniform Traffic Control Devices which was developed from a version of the Federal 2003 MUTCD may be obtained at www.in.gov/dot/div/contracts/design/mutcd/mutcd.html

      The Indiana Partnership for Transportation Quality Achievement Awards promotes partnerships to improve highway quality.  This partnership is a cooperative effort by Indiana’s Highway Industry dedicated to the continuous quality improvement in the planning, design, construction and maintenance of Indiana’s Transportation System.  In recognition of Indiana being the “Crossroads of America”, their mission is to provide the Indiana highway industry a form that fosters coordination and continuous quality improvement and technological advancement in order to ensure safe, efficient, cost effective and environmentally sensitive transportation solutions.   Their Committee evaluates projects that best reflects the values and criteria of quality construction.  Applications for nominations may be obtained at http://www.fhwa.dot.gov/indiv/iptq/

      Highway engineering became prominent towards the lateral half of the 20th century after World War II.  In the U.S. highway engineering became an important discipline with the passage of the Federal Aid Highway Act of 1944 which aimed to connect 90% of the cities with a population of 50% or more.  The design policies and standards used currently in the United States are typically based on publications of the American Association of State Highway and Transportation Officials and research promulgated by the Transportation Research Board, the Institute of Transportation and the Federal Highway Administration and the Department of Transportation.  Many of these principles and design criteria have been enacted by the various States. 

      Over the years courtroom victories against municipalities for design errors have for the public good made changes.  It has corrected bad roads to end unnecessary crashes, often resulting in injuries to innocent people in cars, bicycles and pedestrians.  The law imposes on our street and highway departments a duty to provide reasonably safe roads, and this duty includes the duty to safeguard against inherently dangerous or misleading conditions.  While the law often holds governmental entities for unsafe roads, our Indiana case law provides that a plaintiff has to be fault-free or his claim will be defeated.  Sometimes roads are just defective to begin with.  A curb that is banked in an unsafe manner or creating an unnecessary sharp curve may be a defect which results in injury to the motorist.  In some cases while the design may have started out appropriately years ago, because of improper maintenance and updated compliance with design standards liability for the municipality, city or state may be imposed.  Laws applicable to suits against governmental entities are unique and require the filing of a Claim of Damages (often referred to as a torte claim notice) within a limited period of time.  The failure to file such a claim or wait beyond the designated time has been fatal to some unsafe roadway cases.  For this reason it is very important that after an accident involving a road defect that you contact an attorney to present a claim to the governmental entity pursuant to the statutory requirements.  Otherwise the failure to comply with these rules can lead to harsh results.  If necessary the attorney will hire a transportation engineer who deals with the design, maintenance and operational characteristics of the highway or street in question.  For the steps in the design process for highways and the role of the designer see http://www.tmr.qld.gov.au/~/media/b83581f9-95ad-4083-b91f-0332d22f3686/roaddesign1002.pdf   For anyone who is interested in highway history see http://www.fhwa.dot.gov/infrastructure/history.htm  This brings a series of articles together about the evolution of highway transportation in the 20th century.

If you or a loved one has been involved in an accident caused by unsafe road conditions, contact William “Bill” Hurst for your free consultation today.  

 

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