Earlier this month, a state appellate court issued a written opinion in a negligence case involving the alleged misplacement of a construction barrel by the state’s department of transportation. The case contains a discussion about the duties of a government to keep public roads safe, which is important for Maryland car accident victims who have been injured due to the poor condition of a public road.
The plaintiff was driving along an Idaho highway towing a trailer. The plaintiff entered a construction zone, and there were orange barrels lined up along both sides of the only lane of travel that was open to motorists. As the plaintiff continued down the highway, she noticed a barrel was placed directly in the lane of travel. Unable to avoid the barrel, the plaintiff struck the barrel with the awning of her trailer.
Thankfully, the plaintiff was not injured and only sustained somewhat minor property damage to her trailer. However, the plaintiff filed a personal injury lawsuit against the state’s department of transportation, claiming that it was negligent in the placement of the barrel and should be responsible for the repair costs to the trailer.