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If we can show an intersection is an unsafe design, perhaps…

If we can show an...
If we can show an intersection is an unsafe design, perhaps the worst in the entire state, due to having unrelated traffic signals less than 200 feet apart after a long stretch of road without signals - and there has been at least one fatal accident -
Can anyone be held accountable for the design/implementatin/approval?I have reviewed every traffic light intersection in the state of Virginia, at least all mapped, and feel we can demonstrate this one:
a) doesn't meet VDOT recommendations (cities seem exempt from having to comply)
b) VDOT recommendation is based on safety is almost 4x this distance
c) This is NOT in a downtown area where intersections are ALL close together
d) The visibility of the approach to intersection has lights line up where only first one is visible
e) It would be reasonable to merge the intersections to improve safety.
f) Safety concerns are ignored in the design given the above factorsCan anyone be held responsible for our loss? How can the design be reviewed and if deemed unsafe mandate it's redone ASAP before the next person is injured or killed there?
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1/10/2018
Ely
Ely, Counselor at Law
Category: Personal Injury Law
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Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. (You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.)

Yes - whichever government agency placed the sign there, which could be the state, county, or municipality. They can then be sued for negligence. The elements of an action in negligence are a legal duty on the part of the defendant, breach of that duty, and a showing that such breach was the proximate cause of injury, resulting in damage to the plaintiff. Trimyer v. Norfolk Tallow Co., 192 Va. 776, 780, 66 S.E.2d 441, 443 (1951). It would be the Court that decides if the sign was negligently placed, in the end.

However because this would be a state actor for Defendant, one would have to prove that the negligence not ordinary, but, gross or wanton negligence. There are other nuances which make bringing a claim against the state hard, because it enjoys some immunity levels in a lawsuit. See HERE.

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Ely
Ely, Counselor at Law
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