Highway Design Defects
A highway design defect can cause or contribute to the happening of vehicle collisions. Many inexperienced and so-called “injury lawyers” fail to consider whether a highway design defect was a contributing factor in vehicle collision cases. Indeed, Ferrara Law Offices opines that it “rescued” cases from other lawyers who were on the verge of settling an auto case for what they thought was the defendant’s full policy limits without considering whether others were responsible for the happening of the accident. Thereafter the multiple parties, including certain governmental agencies, adjacent landowners operating under a highway occupancy permit, engineers, pavers, stripers and signal head installers were joined under the theory of a highway design defect. A confidential settlement was reached during trial.
In Pennsylvania, highway design defect cases are very sophisticated claims to prosecute. A skilled attorney must understand not only the science behind such claims, but also the interrelationship between the immunities and statutory caps given to local governments and the Commonwealth of Pennsylvania Department of Transportation, and the strategies to circumvent the immunities and statutory caps which limit the amount a victim can receive. Moreover, given the 2011 Pennsylvania legislation relating the the severe modification of “Joint & Several” liability, there are very sophisticated obstacles which must be considered when presenting a highway design defect case.
Ferrara Law Offices prosecutes highway design cases with an eye to recognize the liability of not only the other vehicles involved in the collision, local governments and the Commonwealth of Pennsylvania, but also also to consider the conduct of other responsible persons and entities who may be responsible for the defective condition of the the highway and who are not protected by the immunities and statutory caps. These persons and entities may involve engineers, paving contractors, striping contractors, traffic signal installers, land planners adjacent property owners who may have been obligated to perform certain roadway improvements pursuant to a Pennsylvania Highway Occupancy Permit.
Moreover, Ferrara Law Offices engages highly specialized experts such as engineers, accident reconstruction engineers and human factor engineers who have specialized knowledge and ability to testify as to the relationship between highway defects and human expectancy when confronted with defective roadways.
If you or a loved one was inured in a vehicle accident, consider that not all lawyers have the same level of knowledge, tenacity, ability or willingness to devote substantial resources to prosecute your case to the fullest potential. Call Ferrara Law Offices for a free consultation.