Should the state of Oregon be held responsible for any auto accident that could have been caused by a road defect? There those who believe that crashes on a particular roadway could be related to the negligence of the state. It is possible that a metal joint placed drivers at an increased risk of an auto accident while on a “flyover,” or bridge.
One particular claim filed against the state says that there should be a warning placed near the dangerous part of the road. Some claim that failure by the Oregon Department of Transportation to provide adequate warning makes the state at least partially liable for crashes that have occurred at this spot. This particular road issue is located at the Highway 217 flyover ramp.
As with any type of personal injury or wrongful death claim, victims of this road default have to validate the claim that the road defect, or lack of proper warning of the road defect, contributed to the accident. This can be done with accident reports, witness accounts and any other related evidence. Victims could be eligible for recompense if they have needlessly suffered because of another party’s negligent or reckless behavior.
There are many factors that could contribute to an auto accident, including the speed of a driver, other vehicles on the road and the condition of the roads. The state should be responsible for properly maintaining road conditions, or at least warning drivers that they are driving through a risky area. This applies to construction areas or slippery roads, and it could be argued that the same warning should be given for a known road defect, such as a faulty metal joint.
Source: katu.com, “State starts getting lawsuit notices from drivers who crashed on 217 flyover ramp”, Bob Heye, June 20, 2014