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: Missouri Injury Law Blog

Wrongful Death and Drunk Driving Car Accident Lawsuit combined with Negligent Road Design

By Benjamin J. Sansone, Esq.

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A wrongful death lawyer has filed a wrongful death lawsuit and negligent road design lawsuit on behalf of the family of a deceased Pennsylvania teen. The wrongful death lawsuit stemming from a drunk driving accident, alleges negligent design and maintenance of the road and that it contributed, not the sole cause, of her death. This particular road had a 55 mph speed limit and a 4-inch drop-off between the road and the shoulder not to mention the drop-off is located on a curve in the road.

The wrongful death lawsuit specifically alleges that the department of transportation did not level the road properly when they upgraded that section after two other teens were killed in car accidents this same location. The prior accidents are crucial toe the negligence claim as the dept of transportation was clearly on notice of the defect and should have corrected it.

On top of the negligent road design, the driver was intoxicated and that clearly contributed to the wrongful death car accident as well. Also, the deceased teen was not wearing her seat-belt at the time; however, under the law of most sates, and certainly in Missouri, evidence of the victim not wearing their seat belt is generally not admissible into evidence at a wrongful death or car accident injury trial. The driver allegedly attempted the curve in the road at this high speed, dropped off the road onto the shoulder, over-corrected and collided into an elderly couple in an oncoming car before his truck was stopped by a guardrail.

The Dept. of Transportation has since dropped the speed limit to 50 mph on this road, paved the shoulders, and added guardrails, reflectors, and rumble strips. All of these precautions will help to prevent such sad and tragic accidents in the future.

Article: Wrongful Death Lawsuit against Pennsylvania Department of Transportation

Full post as published by Missouri Injury Law Blog on January 06, 2011 (boomark / email).