I obviously can’t speak for @Elmave, but my own legal opinion is that you have it correct. There would be many examples of case law throughout the United States where an injured passenger/driver has successfully made a claim against a governmental entity for negligent road design. However, as a percentage of total accidents, the number would be tiny. I have seen the issue raised where a bicyclist was injured due to road design as well, when the cyclist was hit by a driver and the municipality or state was sued as well.really curious about this and thanks for sharing. I’m trying to find the stat I saw earlier in the week, but it was less than a percent were done like that, so it’s interesting to hear you finding many. Do you think that is in relation to all wrecks or “here are dozens of examples” when in reality there are thousands of accidents?
As @Elmave stated, nearly all states have some type of comparative fault, where a judge/jury can divide up the percentage of fault among multiple parties. In some of those states, if the claimant is more than 50% at fault there is no recovery, but not in all states.
Thus, let’s assume a situation like Tiger’s, where a professional athlete suffers a career ending injury. The claim could be worth millions. If a municipality were only 15% at fault, the dollar amount could still be huge.
Enterprising lawyers will always look for a deep pocket. We have read this past week of the sad situation of former basketball player Shawn Bradley, who is paralyzed from being hit from behind by a motorist while he was riding his bike. In all likelihood, that motorist is mostly, if not completely at fault. It also is very possible that the motorist has insurance coverage of $250,000 or less. In no way can that satisfy Shawn Bradley’s claim. His next place to look is his own underinsured coverage. This is why I always advise friends and family to have a large amount of underinsured coverage. It is not very expensive. Even there, though, Shawn Bradley’s claim would dwarf even a prudent amount of underinsured. This is where attorneys will look for other fault. A governmental entity has a deep pocket. They are not easy to sue, but it is done.