Who’s Liable for Fatal Car Accidents Caused by Road Design Defects?

Car accidents can be catastrophic, and when they result from a road design defect, the tragedy can feel senseless. Curves that are too sharp, hidden dips, poorly placed barriers, and inadequate signage are just a few examples of design flaws that can turn a routine trip into a tragedy. If you’ve lost a loved one or been catastrophically injured in a crash caused by unsafe roads, you may be eligible to pursue a legal claim. The question is: Who can be held accountable? Who is responsible for providing you with proper compensation?  

At Eichen Crutchlow Zaslow, we’re here to give you clear, practical advice about liability in road design defect cases. We’ll cover what counts as a defect, who can be responsible, how to prove liability, and what compensation you may be entitled to pursue. 

What Is a Road Design Defect?

A road design defect is a flaw in the planning or engineering of roads, highways, or bridges that creates an unreasonable risk of harm. These are not everyday potholes or occasional maintenance failures; they are systemic problems that arise when: 

• Roads are built with curves that are too sharp for posted speeds 
• Intersections or ramps lack sufficient sightlines 
• Roads are improperly banked (super-elevation) 
• Drainage systems fail, causing hydroplaning risks 
• Signage, markings, or lighting are poorly placed or nonexistent 
• Guardrails or barriers are missing where needed 

Unlike maintenance issues, design defects are embedded into the construction plans, and they often affect multiple users over time. That’s why they can form the basis of a lawsuit when accidents have deadly consequences. 

Common examples of design-related accidents can include: 

• Overly sharp curves that cause vehicles to roll or skid, especially in bad weather 
• Inadequate merge lanes forcing sudden crossover into traffic 
• Blind intersections with no line-of-sight for drivers 
• Road surfaces without proper drainage, leading to standing water and hydroplaning 
• Hazards left within clear zones, such as utility poles or fixed objects near the shoulder 
• Poorly banked roads that fail to support vehicles taking curves at reasonable speeds 
• Inadequate lighting or signage on dangerous stretches 

All of these defects can create high-risk conditions that lead to catastrophic or fatal accidents. 

Who Is Responsible for Road Design Defects?

Liability in these cases often involves government agencies, engineering firms, or both. 

Municipal, County, or State Agencies

In New Jersey, if a defect is on a state-maintained roadway, the New Jersey Department of Transportation (NJDOT) may be responsible. On local or county roads, responsibility falls to the corresponding municipality or county road department. These agencies hold the duty to design, build, and maintain safe roads. 

Engineering and Design Firms

Design and engineering firms create the blueprints for roads, bridges, curbs, and drainage systems. If they failed to follow accepted engineering standards (e.g., AASHTO guidelines), they can be held accountable alongside the governmental agency. 

Construction Contractors

When subcontractors or private firms are involved in the build, and they deviated from plans or used inferior materials, they too may share liability, especially if their errors made the road dangerous. 

Product Manufacturers

In rare cases, defects may stem from faulty materials, such as substandard guardrails or lighting equipment. These manufacturers could be legally responsible under product liability principles.  

How to Prove a Road Design Defect Case

To prove a road design defect case, you must show three things: 

1. A defect existed
2. That defect created an unreasonable risk to drivers
3. The agency or company responsible failed to correct or properly warn the public about the danger.

 The defect must also be the direct cause (or a significant part of) the accident and your injuries or loss. 

To prove these cases, our car accident lawyers at Eichen Crutchlow Zaslow will work with specialists, expert witnesses, and more to build the strongest case for you. This can include: 

• Accident Reports & Forensic Analysis: Police reports, expert accident reconstructions, and images from the crash scene can help define how the road’s design contributed to the collision. 
• Engineering Experts: Civil or highway engineers can compare the roadway to accepted design standards and highlight where it failed to comply. 
• Maintenance Records: If the agency or contractor knew, or should have known, about the defect and didn’t fix it, that can strengthen your claim by showing negligence. 
• Dangerous Road Pattern Evidence: If similar crashes have occurred in the same location, that pattern can underscore an unsafe condition that should have been addressed. 

The Compensation You Can Seek for a Catastrophic Car Accident Injury

In a successful claim, you or your family may be entitled to: 

• Economic damages: medical bills, funeral costs, lost wages, reduced earning capacity 
• Non-economic damages: pain and suffering, emotional trauma, loss of companionship 
• Punitive damages: in rare cases of particularly egregious or willful misconduct 
• Expert fees: to reconstruct the accident, design charts, depositions, etc. 

Compensation may come from settlements or verdicts against government entities, contractors, and design firms. 

Get a New Jersey Car Accident Attorney

These cases are legally complex and often involve multiple defendants. You need an attorney who: 

• Knows how to file timely notice of claim against agencies 
• Has relationships with forensic engineers and accident reconstruction experts 
• Understands how to overcome sovereign immunity 
• Can strategically negotiate with government adjusters 
• Is prepared to go to court, if needed, to secure the full recovery 

At Eichen Crutchlow Zaslow, our team has the experience and resources to guide families through these challenging cases. If you or a loved one suffered a life-altering injury in a crash caused by unsafe roads, call us today. Navigating these cases requires skill and resolve, and we’re ready to stand by your side every step of the way. Contact us today for a free case evaluation.