Highway & Guardrail Accident Attorneys in Liberty & Kansas City, Missouri
Not every serious accident is caused by another driver. Many motor vehicle accidents occur as a result of highway defects, dangerous road conditions, or guardrails that fail to perform as intended.
A large number of roads throughout Missouri and the United States are in disrepair or were improperly designed when originally constructed. Accidents and severe injuries can occur despite a motorist exercising the highest degree of care when the road itself is the problem.
Governmental entities responsible for designing, constructing, and maintaining our roadways can be held accountable for dangerous conditions that lead to serious accidents. At Dougherty & Holloway, our attorneys have extensive experience pursuing these claims, including cases against the Missouri Department of Transportation.
Dangerous Highway Conditions That Cause Accidents
Defective highway conditions take many forms, and any of them can lead to serious injury or death. Our attorneys have handled cases involving:
- Lack of signage or inadequate warnings about road conditions
- Dangerous conditions caused by construction zones
- Uneven pavement and shoulder drop-offs
- Potholes and debris in the roadway
- Improperly designed or maintained guardrails
- Missing or faded lane markings
- Inadequate lighting at intersections or curves
- Improperly graded curves and ramps
If you are aware of an unsafe road condition that contributed to your accident, contact our firm to discuss whether the governmental entity responsible for the roadway may be held liable.
Guardrail Accidents: When Safety Barriers Cause Harm
Guardrails are placed along highways and roadways to protect motorists, but in some cases they cause more harm than good. Dougherty & Holloway has handled numerous guardrail accident cases and has direct experience with the dangers posed by outdated and defective guardrail designs.
Turn-Down End Treatments (Texas Twisters):
These guardrail ends were designed to curl downward into the ground, but they have contributed to numerous serious accidents since their installation. When a small or medium-sized vehicle leaves the roadway and strikes one of these guardrails, instead of collapsing, the guardrail can launch the vehicle, causing it to roll over or propelling it into oncoming traffic. In 1995, after highway design studies overwhelmingly condemned these guardrails, the Federal Highway Administration banned them from further installation and required states to submit plans for their removal. Some states have been slow to comply.
Blunt End Guardrails:
These guardrail end treatments do not collapse or give way on impact, which can result in severe injury or death when a vehicle strikes them head-on. The Federal Highway Administration has also banned blunt end guardrail treatments, but some still exist along Missouri roadways.
Unnecessary Guardrail Placement:
In some cases, guardrails are placed along roadways where the terrain does not require them. If the slope adjacent to the road is not severe enough to warrant a guardrail, a vehicle leaving the roadway could come to a stop safely without one. The presence of an unnecessary guardrail can turn a minor departure from the road into a catastrophic accident. Our firm has successfully pursued the Missouri Department of Transportation in a death case involving a guardrail that should never have been placed in its location.
How We Handle Your Highway & Guardrail Case
Investigate the Road or Guardrail
We visit the accident scene, document the road condition or guardrail configuration, and gather evidence before the government entity can alter or repair the site.
Research the Government Entity
Claims against government agencies have specific procedural requirements and notice deadlines. We identify the responsible entity, whether state, county, or municipal, and ensure all required notices are filed properly and on time.
Engage Highway Safety Experts
We work with highway design and safety engineers to evaluate whether the road condition or guardrail met current federal and state standards and whether the responsible agency knew or should have known about the danger.
Pursue Your Claim
We fight for compensation covering medical expenses, lost wages, pain and suffering, and long-term care needs. Our experience with government liability claims, including cases against MoDOT, means we understand the process and how to navigate it effectively.
Highway & Guardrail Accident FAQ
Can I sue the government for a dangerous road condition in Missouri?
Yes, but claims against government entities in Missouri are subject to specific rules and deadlines under Missouri's sovereign immunity statutes. There are notice requirements that must be met, and the time frames for filing can be shorter than in standard personal injury cases. An experienced attorney can help ensure that all procedural requirements are satisfied.
How do I prove that a road defect caused my accident?
Evidence may include photographs of the road condition, accident reconstruction analysis, maintenance and inspection records from the responsible government agency, prior accident reports at the same location, and expert testimony from highway safety engineers. Dougherty & Holloway works with qualified experts to build these cases.
What are Texas Twister guardrails and why are they dangerous?
Texas Twisters are guardrail end treatments that curl downward into the ground. Instead of safely redirecting a vehicle, they can launch smaller cars into the air, causing rollovers or propelling vehicles into oncoming traffic. The Federal Highway Administration banned them from further installation in 1995, but some have not yet been removed from Missouri roadways.
What if the road was under construction when my accident occurred?
Construction zones create additional hazards, and the entities responsible for managing the construction zone, including contractors and government agencies, may be held liable if inadequate signage, unsafe lane configurations, or other negligent conditions contributed to your accident.
Related Practice Areas
Request a free consultation or call (816) 891-9990.
About Dougherty & Holloway, LLC
Dougherty & Holloway, LLC is a personal injury law firm based in Liberty, Missouri, serving clients throughout Kansas City, Clay County, and the surrounding communities in Missouri and Kansas. Our partners, Ed Dougherty and Philip Holloway, bring more than 70 years of combined trial experience to every case we handle.
We focus exclusively on personal injury law, including car accidents, motorcycle wrecks, semi-truck collisions, traumatic brain injuries, medical malpractice, wrongful death, slip and fall, nursing home abuse, product defect, construction site, highway and guardrail, and other personal injury claims. Every consultation is free and confidential, and we work on a contingency basis — you pay nothing unless we win your case.
Ed and Phil personally handle every case from intake through trial. You will never be passed off to a junior associate or a call center. To learn more, read who we are, review our verdicts and settlements, or contact us directly. You can also request a free consultation online or call (816) 891-9990.