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Gwinnett County Guardrail Hazards

According to a 2009 Georgia Department of Transportation mileage report there are 54,746 statewide lane miles and almost 120 million daily vehicle miles traveled. Road congestion and deficiencies create hazards and danger to all auto travelers.

 

Consulting a Gwinnett County attorney after an auto accident enhances a victim's ability to receive a reasonable settlement. If you have been injured in an automobile accident you should discuss your case with an accident attorney at the Law Offices of Shane Smith.

 

Highway defects and faulty guardrails are the maintenance responsibility of government entities and may create liability if not properly designed or maintained. Public entities have a legal duty to provide roads that are safe and to remedy hazardous or unsafe conditions that the entity knows or should know exist. Evidence of prior complaints can be obtained by an experienced Gwinnett County auto accident attorney and can be used to prove that the entity was on notice about the unsafe conditions.

 

As a general rule, Georgia and its political subdivisions have governmental immunity, but there are certain circumstances where this immunity is deemed to be waived. An accident or lawsuit's unique facts determine whether Georgia is immune to the negligence allegations. Lawsuits and claims against government entities, including hazardous or unsafe highways, must comply with special legal requirements, deadlines and notice requirements under laws that waive this immunity.

 

Missing guardrails are a common highway accident or hazard. Guardrails are intended to protect drivers and passengers but they can be their own hazard under certain conditions. Older guardrails have turn-down end treatments that are not designed to collapse when hit in an accident. This can cause a vehicle to slide along the guardrail or bounce off of it and back into oncoming traffic. The Federal Highway Administration banned installing future turn-down guardrails over 10 years ago and directed states to remove those already installed but many remain in place.

 

If you or someone you know has been hurt in an auto accident, meet with a Gwinnett County auto accident lawyer. Call the Law Offices of Shane Smith to schedule a free legal consultation.

 


Shane Smith
Advocate for the Seriously Injured in Georgia