A serious crash does not always start with a careless driver. Sometimes, the road itself creates the danger. A deep pothole, broken pavement, defective traffic signal, unsafe sidewalk, or poorly managed construction zone can cause devastating injuries.
If dangerous public infrastructure contributed to your injuries, determining responsibility can be complicated. Michigan law gives governmental agencies significant legal protections, but exceptions may apply in specific circumstances. Joumana Law investigates what happened, who may be responsible, and what legal options may be available.
What Makes a Road or Highway Dangerous?
Drivers expect roads to provide a reasonably safe path for travel. Yet damaged pavement, poor maintenance, and other defects can turn an ordinary trip into an emergency. A roadway defect becomes especially dangerous when drivers have little time to recognize it. At highway speeds, even a few seconds can determine whether someone avoids a crash.
Common Roadway Defects
Dangerous road conditions may include:
The existence of a defect does not automatically establish legal responsibility. The location, type of defect, responsible agency, notice, and other facts can affect a potential claim.
Traffic Signal Defects Can Put an Entire Intersection at Risk
Traffic signals tell drivers, pedestrians, and bicyclists when they can safely move through an intersection. When those signals fail, people may receive conflicting or dangerously incomplete information. A signal-related crash requires careful investigation. The fact that a traffic light malfunctioned does not, by itself, establish who is legally responsible.
Common Traffic Signal Problems
Potential traffic signal hazards can include:
- Signals that stop operating
- Conflicting traffic signals
- Improper signal timing
- Signals that are difficult to see
- Damaged or malfunctioning pedestrian signals
- Traffic control devices affected by construction
- Missing or inadequate temporary traffic controls
Michigan law also regulates traffic control devices and local traffic regulations. Local regulations involving traffic control must follow applicable legal and engineering requirements.
Finding Out Why a Signal Failed
The condition of the signal after the accident tells only part of the story. An investigation may need to examine what happened before the collision. Relevant evidence may include:
These records can help establish who controlled the signal and what occurred. They may also reveal whether problems existed before the accident.
Sidewalk Hazards Can Cause Serious Injuries
A dangerous sidewalk can cause much more than a bruised knee. One unexpected change in elevation can send someone headfirst onto concrete. Older adults and people with mobility limitations may face particularly severe consequences. Still, anyone can suffer significant injuries from a dangerous walking surface.
Dangerous Sidewalk Conditions
Potential sidewalk hazards include:
- Broken concrete
- Cracked pavement
- Uneven or raised sections
- Holes or deteriorated surfaces
- Dangerous transitions between sidewalks and curbs
- Construction debris
- Unsafe temporary pedestrian routes
- Other dangerous surface conditions
Michigan law contains specific provisions addressing public sidewalks. For example, MCL 691.1402a addresses a municipal corporation’s duty concerning public sidewalks. The law also includes specific rules involving sidewalk defects. Whether those rules apply depends on the location, responsible governmental entity, condition, and circumstances.
A Fall Can Have Lasting Consequences
A sidewalk fall can cause fractures, brain injuries, spinal injuries, or other serious harm. Some people require surgery followed by months of rehabilitation. The consequences often extend beyond medical treatment. An injured person may miss work, lose mobility, or need help performing everyday activities.
Road Construction Can Create Dangerous Conditions
Construction is necessary to repair and improve Michigan roads. However, a work zone can create serious risks when traffic controls or travel surfaces become unsafe. Drivers may encounter new lane patterns that did not exist the day before. Pedestrians and bicyclists can also face altered routes around active construction.
Common Road Construction Hazards
Potential hazards may include:
Construction zones often involve several entities. That makes identifying who controlled the dangerous condition especially important.
Who May Be Responsible for an Unsafe Construction Zone?
Depending on the facts, an investigation could involve a governmental agency, contractor, subcontractor, or another entity. Responsibility cannot be assumed simply because a company was working nearby. Contracts, work records, project responsibilities, and the specific defect may all matter.
The investigation should focus on a basic question: Who had responsibility for the condition that contributed to the injury?
Who had responsibility for the condition that contributed to the injury?
Who May Be Responsible for a Dangerous Road or Highway?
Governmental Agencies
Michigan’s Governmental Tort Liability Act generally provides governmental agencies with immunity when performing governmental functions. The law also contains specific exceptions. Under MCL 691.1402, a governmental agency with jurisdiction over a highway has a statutory duty concerning reasonable repair. The statute limits that duty and contains important distinctions about covered areas.
Those distinctions make jurisdiction critical. A state highway, county road, municipal street, and public sidewalk can present different legal questions.
Contractors and Other Private Parties
Road construction and maintenance projects can involve private businesses. Depending on the circumstances, their conduct may need to be investigated. Potential parties can include:
A contract alone does not necessarily establish liability to an injured person. The facts and applicable law determine whether a claim may exist.
More Than One Factor May Cause a Crash
Real accidents do not always have one cause. A dangerous roadway and another driver’s conduct might both contribute to the same collision. For example, one driver may suddenly swerve around a severe road defect. Another vehicle may then collide with that driver.
A thorough investigation should examine the entire sequence. Focusing only on the final impact can overlook what actually started the crash.
Michigan Law Makes Defective Highway Claims Different
Claims involving public roads are not handled exactly like ordinary negligence cases. Michigan’s governmental immunity laws can significantly affect who may be sued and under what circumstances. This is one reason dangerous-road cases require careful legal analysis. The exact road, location, defect, governmental entity, and timing can all matter.
Governmental Immunity and the Highway Exception
Michigan’s Governmental Tort Liability Act provides broad immunity to governmental agencies performing governmental functions. However, the Legislature has created specific statutory exceptions. One is commonly called the highway exception. MCL 691.1402 states that a governmental agency with jurisdiction over a highway must maintain it in reasonable repair. The statute says the highway must be reasonably safe and convenient for public travel.
The statutory duty is limited. For purposes of that provision, the duty generally extends to the improved portion designed for vehicular travel, subject to statutory provisions addressing sidewalks and other circumstances. That means a claim should never begin with assumptions about liability. It should begin by identifying the roadway and determining which law applies.
Sidewalk Claims Have Their Own Rules
Michigan law separately addresses public sidewalks. Those rules can differ from the rules governing the vehicular portion of a highway. MCL 691.1402a addresses the duties of municipal corporations concerning public sidewalks. Michigan courts have also addressed how sidewalk provisions interact with governmental immunity.
The exact location matters. So does the governmental entity with jurisdiction over the area where the injury occurred.
Notice Requirements Can Be Critical
Certain claims involving governmental entities have special notice requirements. Missing an applicable requirement can create serious legal problems. For example, Michigan law contains a specific written notice provision for defective county road claims. MCL 224.21 provides a 60-day notice requirement in covered cases involving county road commissions.
Different statutes can govern different claims. An injured person should not assume that an ordinary personal injury deadline is the only deadline that matters.
Evidence That Can Help Establish What Happened
Evidence From the Accident Scene
Useful evidence may include:
Safety comes first. An injured person should not stand in traffic or enter a dangerous construction zone to collect evidence.
Records May Reveal a Larger Safety Problem
Public and project records may provide information that is impossible to see at the scene. Depending on the case, an investigation may examine:
The availability and legal significance of these materials varies. Their value depends on the circumstances of the accident.
Dangerous Conditions Can Disappear Quickly
A photograph taken weeks later may show a perfectly repaired roadway. That does not necessarily show what existed when the accident happened. The same problem arises with construction zones. Barriers, signs, lane patterns, and equipment can move as work progresses.
Early evidence preservation can help reconstruct the original conditions. It may also reduce disputes about what was present at the time.
Injuries Caused by Dangerous Roads and Highway Defects
Traumatic Brain Injuries
A sudden collision or fall can cause the head to strike a vehicle interior, pavement, or another object. Some brain injuries can affect memory, concentration, mood, balance, and daily functioning. Recovery can involve specialists, therapy, and significant time away from work. Some symptoms may also change over time.
Spinal Cord and Back Injuries
A roadway crash can place tremendous force on the neck and spine. Injuries may range from painful disc damage to catastrophic spinal cord trauma. Serious spinal injuries can affect mobility and independence. They may also require extensive rehabilitation and ongoing care.
Broken Bones and Orthopedic Injuries
Vehicle crashes and sidewalk falls can cause fractures to the arms, legs, hips, ribs, and other areas. Some fractures require surgery or implanted hardware. Others can prevent an injured person from working or caring for family members.
Amputations and Permanent Disabilities
Catastrophic roadway accidents can result in limb loss or permanent impairment. These injuries can reshape almost every part of a person’s life. Future medical needs may become as important as immediate expenses. Vocational limitations and reduced independence may also need consideration.
Fatal Accidents and Wrongful Death
Some roadway accidents are fatal. Families can suddenly lose a spouse, parent, child, or other loved one. Michigan law may provide a path for pursuing a wrongful death claim when legally actionable conduct caused the death. The available claims and damages depend on the specific circumstances.
What Compensation May Be Available?
Compensation in a dangerous-road case depends on the claim, injuries, responsible parties, insurance coverage, and applicable law. No lawyer can responsibly determine a case’s value from the type of accident alone. The person’s actual losses must be evaluated.
Medical Care and Rehabilitation
A claim may involve past and future medical expenses when those damages are legally recoverable. Relevant costs can include:
Medical records can also help document how an injury developed after the accident.
Lost Income and Reduced Earning Capacity
Serious injuries can keep someone away from work for weeks or months. Permanent limitations may prevent a return to the same occupation. A claim may involve lost income or diminished earning capacity when permitted by law. Employment and financial records can help document these losses.
Pain, Suffering, and Loss of Function
An injury affects more than a person’s bank account. Physical pain and limitations can change sleep, hobbies, relationships, mobility, and everyday independence. Recoverable noneconomic damages depend on the nature of the claim and applicable law. They require a careful evaluation of the injury’s real impact.
Wrongful Death Damages
The available recovery depends on the facts and applicable law. Families should receive an individualized evaluation rather than assumptions about what a case is worth.
How Joumana Law Can Help After a Dangerous Road Accident
You may know exactly where you were hurt but have no idea who controlled that road. You may also face a government agency, contractor, insurer, or several parties at once. Joumana Law can investigate those questions while you focus on your health and family. The goal is to uncover what happened and determine what rights Michigan law may provide.
Investigating What Really Caused the Accident
An investigation should look beyond the final collision. The dangerous condition that triggered the accident may be several steps removed from the impact. Joumana Law can evaluate issues such as:
The goal is not to force the evidence into a predetermined theory. It is to determine what actually happened.
Identifying Potentially Responsible Parties
The agency responsible for a road may not be obvious from a street sign. Construction projects can make responsibility even more complicated. Joumana Law can investigate jurisdiction and the roles of potentially involved parties. That analysis may include governmental agencies, contractors, and other entities where appropriate.
Identifying the correct defendant matters. Pursuing the wrong entity can waste valuable time in a case with procedural requirements.
Building the Evidence Behind the Claim
A strong case requires more than showing that someone was injured. Evidence must connect the dangerous condition to the accident and resulting losses. Depending on the circumstances, Joumana Law may examine:
Each case requires its own strategy. Evidence that matters in a pothole crash may differ from evidence in a traffic signal case.
Standing Up to Powerful Defendants
Governmental entities, contractors, and insurance companies have resources to defend claims. An injured person should not have to learn complex liability rules while recovering. Joumana Kayrouz built her practice around advocating for injured people. Her philosophy goes beyond resolving an individual claim. Accountability can also encourage safer systems and help prevent future harm.
At Joumana Law, we fight hard, and we don’t back down. We investigate the facts, confront difficult issues, and advocate for the people who have been injured.
What Should You Do After an Accident Caused by a Road Defect?
The aftermath of an accident can be confusing. Medical needs should come first, but several practical steps may also help preserve important information. If you can do so safely, consider the following:
- Seek appropriate medical care.
- Report the crash or dangerous condition when appropriate.
- Photograph the roadway, signal, sidewalk, or construction area.
- Preserve dashcam or phone footage.
- Save photographs of vehicle or property damage.
- Collect witness contact information.
- Keep medical records and related bills.
- Keep documentation showing missed work.
- Avoid entering traffic or unsafe areas to gather evidence.
- Consider prompt legal review if a governmental entity may be involved.
Do not assume someone else documented the defect. Police, contractors, road agencies, and witnesses may each focus on different information. You also should not delay medical care just to gather evidence. Your immediate health and safety are more important than taking another photograph.
Dangerous Conditions Should Not Be Ignored
A road is more than pavement beneath a vehicle. It is part of a transportation system that Michigan residents rely on every day. When preventable hazards cause serious injuries, the consequences follow victims home. Joumana Law believes accountability matters because safety matters. If a dangerous road, defective traffic signal, sidewalk hazard, or construction condition contributed to your injuries, your situation deserves a careful investigation.
Let Joumana Law Stand Up for You
You may be dealing with pain, medical appointments, lost income, and questions about your future. You should not also have to determine which agency controlled a roadway or which contractor handled a construction project. Joumana Law can investigate the circumstances, preserve available evidence, and evaluate potential claims under Michigan law.
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Legal Disclaimer
Every case is different. This page provides general educational information and is not legal advice. The existence, value and legal viability of any claim depend on the particular facts, applicable law, insurance coverage and jurisdiction. Listing a case type does not mean Joumana Law will accept or directly handle every matter. Depending on the circumstances, location and legal issues involved, the firm may work with qualified co-counsel or refer a matter to another attorney. Prior results do not guarantee a similar outcome. Speak with a lawyer about your individual rights and any deadlines that may apply.