Highway Defect Accidents
Learn More About Your Highway Defect Crash
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"Here are six steps we take to help you learn more about your highway defect crash case. In this type of case, federal and state regulations impose special standard for safe highway construction, but sometimes shortcut are taken. Assisting me are four full-time paralegals who average 14+ years of experience. We know the regulations, the experts, and how to determine if highway safety standards were not followed or the highway was not properly maintained. I would be honored to represent you, and share what I have learned over 25+ years.” Mike Burman, Attorney at Law.
- 1 - Go to the scene ASAP: Small pieces of evidence can become big facts.
- 2 - Interview witnesses and law enforcement: Our retired police detective carefully interviews witnesses. I often conduct interviews with key witnesses myself. You have to be careful to follow up with government officials responsible for designing, maintaining or constructing the highway.
- 3 - Secure photographs, video, and the “black box”: Closed circuit Tv and video monitoring are usually erased in a week. I need to get on top of this evidence quickly before it is lost forever. “Black box” computers inside the vehicles need to be downloaded before a vehicle is crushed or repaired.
- 4 - Preserve evidence known only to the highway department or construction company: Crucial information or documentation is often discovered after I take the proper steps to preserve that evidence.
- 5 - Provide you a free Case Evaluation: The Case Evaluation addresses your concerns and helps you understand what your case is about. How much time will the case take? What compensation is recoverable? Questions like these are handled in the Case Evaluation.
- 6 - Provide you with a Plan of Action customized for your needs: When you hire me, I will take the Case Evaluation and write up a customized Plan of Action with easy-to-follow steps for a good start to your case. The Plan of Action is uploaded to your free Burman Law Client Portal (we’ll open the client portal on your smartphone). Or, if you don’t want to use the Client Portal, we can mail it to you. You need no money to hire me. My fees are in writing (I am cheaper than most competitors).
“My staff is knowledgeable and easy to work with. We keep you updated about your case. You will have no trouble reaching me when you need my help or have a question.” Mike Burman
About RedStone Law
RedStone Law is about building relationships with clients for life. We provide affordable legal services in Tennessee & Kentucky with a focus in Auto Accidents. The team at RedStone law brings over 25 years of experience helping hundreds of accident victims against at-fault drivers and commercial operators of all types.
HOW DOES BURMAN LAW DETERMINE FAULT FOR A HIGHWAY DEFECT INJURY OR DEATH?
We first determine the governmental entities and other responsible parties behind any design defect. We then look at the type of accident case. Motor vehicle accidents are documented by various government agencies. These cases can result in high verdicts if certain time limits are met, and a municipality or government agency knew motor vehicle accidents were likely to occur but recklessly ignored the problem.
Here are some examples of roadway defects resulting in personal injury cases or wrongful death cases:
- Potholes
- Inadequate drainage
- Inadequate warning signs or missing signage
- Worn or missing lane markers
- Defective or substandard construction materials
- Overgrown vegetation blocking road signs
- Misplaced or incorrect road signs
- Broken or malfunctioning traffic lights and traffic signals
- Unreasonably dangerous road conditions or intersections
- Missing guardrails or improperly installed guardrails
- Shoulder drop-offs or non-existent shoulders
- Uneven pavement
- Inadequate highway lighting
WHAT DOES BURMAN LAW DO IN A Highway Construction Site Case?
Highway defect cases require quick attention from an experienced personal injury law firm. Because these cases involve governmental agencies, statutes of limitations can set short time deadlines for you to bring a highway defect or road design case. Mike Burman is a personal injury attorney with the staff and financial resources needed to take on any insurance company. Mike Burman and his law firm will work quickly to:
- Understand the mechanism of injury causing pain and suffering or death
- Look for hard-to-find injuries, such as brain injuries or tears in back vertebrae ligaments
- Preserve evidence that could be washed away, destroyed, or lost
- Examine applicable federal, state, county, and municipal regulations (.gov)
- Search for CCTv video/audio, car accident cameras, police videos, and truck accident cameras
- Locate and interview witnesses near the worksite at the time
- Interview department of transportation officials involved in the highway design process
- Engage experts in highway defect safety, road design, or human factors
- Download the “black box” speed and distance computer on any “at-fault” vehicle
- Impound the “at-fault” vehicle or equipment for examination
Insurance Company Tactics
It is very common in a highway defect site case for the insurance adjuster to argue that your injury was caused by comparative negligence (fault by you in contributing to your injury). Highway defect site accident claims are often handled by auto accident adjusters with no training from the insurance company on highway defect statutes and regulations. The insurance company adjuster may not have conducted any investigation on how events unfolded or what caused the resulting personal injury or wrongful death. Our law firm is trained to investigate road design and defective roads. We use software to determine if the amount offered in your personal injury case or personal injury lawsuit is fair and reasonable. We will always give you an evaluation that is in your best interests. Some of the most common insurance company tactics that we see are:
- Blaming accident victims for their own injuries
- Hiding evidence about the at-fault motorist, truck driver or insurance company
- Reducing the value of personal injury or wrongful death by misinterpreting medical records
- Denying the severe injuries are related to the crash or road design
- Making low settlement offers for pre-existing or age-related factors in personal injury cases
- Delaying claims as long as possible until you must accept a low settlement offer
- Making lowball settlement offers to reduce the amount you think is reasonable
- Telling personal injury victims they do not need to hire a lawyer
HOW IS BURMAN LAW PAID?
You need no money to hire me. I am paid a reasonable fee out of the money paid to resolve your case. The decision to resolve your case is always yours to make. I work for you. All fees and costs will be transparent, upfront, and in writing. We are paid a percentage of the money recovered in your case. Many personal injury lawyers now charge a fee of 40% to begin your case. Our fee has been 1/3 for more than twenty-five plus years. We do not spend time or money on expensive Tv Ads, and we pass that savings on to you. There are no hidden disclaimers. We are transparent at all times.
With our free consultation and free case evaluation services, you can discuss your highway construction site case with Mike Burman in confidence. Mike will help you understand your rights and give you a plan of action based on real experience. There is never any pressure. We put all fees and case expenses in writing. As a Burman Law client, you will receive our free client portal so you can post anything you want 24/7/365. We respond to portal messages by the next business day, or sooner. And you can always contact Mike on his personal cell phone number which he will give you. Burman Law staff average ten years of paralegal experience. Mike has more than 25+ years of experience in personal injury and wrongful death involving car accidents and safety in Kentucky and Tennessee.
Traffic Systems overview
Collisions from highway defects and all types of highway defect cases can be extremely technical in nature. As an example, consider the below excerpt from How to Design Traffic Systems that Are Self-Explaining by Jan Theeuwes.
“Traffic systems that they are self-explaining (SER) are systems that elicit safe and consistent behavior among road users simply by its design. As outlined, road users should be able to categorize a road immediately and consistently as belonging to one or the other road type. In the Netherlands, the concept of self-explaining roads resulted in the redefinition of three road types: Flow (Through), Distributor, and Access Road (see mobility and transport website of the European Commission). Roads with a flow function ensure an efficient throughput of (long-distance) motorized traffic. There are typically a limited number of access and exit point. Typically all motorways/freeways, some through roads, and some urban ring roads have such a flow function. There are normally no junctions with other traffic. Roads that have an area distributor function allow entering and leaving residential and recreational areas, industrial zones, and rural settlements. The road should facilitate the flowing of traffic. There are junctions unregulated or regulated by traffic lights and/or roundabouts. Finally, roads with an access function make it possible to access properties along the street. There are junctions for unregulated or regulated by traffic lights and/or roundabouts. Finally, roads with an access function make it possible to access to properties along the street. There are junctions for traffic exchange and change of direction.”
