How Pittsburgh’s Aging Infrastructure Contributes to Personal Injury Cases

In the last 10 years alone, Pittsburgh residents have witnessed bridge fires, highway collapses, train derailments and countless other infrastructure-related accidents. The costs associated with these accidents are often astronomical – both for taxpayers and individual survivors. As our city continues to evolve, our local officials must ensure Pittsburgh’s infrastructure is up to the task of supporting a growing community.

When public roadways, bridges, sidewalks and other infrastructure components cause harm to the people of Pittsburgh, injured victims deserve to know that they have legal options available to them. Here’s a quick overview of some common infrastructure-related dangers and an explanation of how these hazards can factor into personal injury claims in Pennsylvania.

How infrastructure failures cause accidents

Neglected public spaces and poorly-maintained infrastructure components can cause serious harm to people from all walks of life. In a major metropolitan area like Pittsburgh, infrastructure components can include roadways, sidewalks, hiking/biking trails, public buildings, bridges, railroads and more.

When public officials allow maintenance of these structures to fall by the wayside, they may inadvertently be opening up residents and visitors to preventable harm. Here are a few examples of infrastructure-related accidents that could cause harm to the people of Pittsburgh:

• Slip-and-fall accidents on broken public sidewalks
• Bike accidents on uneven bike lanes
• Motor vehicle crashes on pothole-laden public roads
• Pedestrian-involved accidents in poorly maintained crosswalks
• Train derailments on neglected railroads
• Bridge collapse accidents

This is just a small handful of examples of accidents that can occur as the result of poorly-maintained public infrastructure. The bottom line, however, is that when local governments fail to attend to their roads, bridges, railways and sidewalks, people can – and often do – get seriously hurt.

Who is liable for an infrastructure-related accident?

Plaintiffs in infrastructure-related claims against the Commonwealth are governed by sovereign immunity statutes, while claims against cities or counties fall under Pennsylvania’s Political Subdivision Tort Claims Act. This means many of these cases fall under the legal umbrella of “tort liability.” Liability in tort claims can be hard to nail down, however, because it really depends on who, precisely, was responsible for maintaining the failed infrastructure component.

There are often a few different layers in play here, and plaintiffs and their legal teams must piece together all of the factors that contributed to a particular accident in order to hold the right entity – or entities – accountable. Depending on the facts of a case, liability for an accident related to public infrastructure may fall on:

• The City of Pittsburgh
• Allegheny County
• Public agencies like the Pennsylvania Department of Transportation (PennDOT)
• Local transit authorities
• Private contractors/maintenance professionals
• Private property or business owners

Liability ultimately hinges on whether the responsible party knew or should have known about a public hazard and failed to sufficiently address the issue anyway. Additionally, a plaintiff (and their personal injury lawyer) must show that the defendant’s failure to address a particular hazard directly caused any harm they suffered.

For example: If you rear-end someone on a public street because you were texting, you probably can’t deflect blame onto the city by calling attention to some nearby potholes. If, however, you rear-end someone in an intersection because of a traffic light malfunction, you may have stronger grounds for seeking compensation from the public entity responsible for traffic light maintenance.

Does sovereign immunity impact personal injury claims?

The Pennsylvania Sovereign Immunity Act technically establishes that plaintiffs cannot file lawsuits against the Commonwealth unless a specific statutory exception applies. Sovereign immunity is waived, however, for certain specifically listed negligence categories under Pennsylvania law. In light of these provisions, plaintiffs may be able to file a personal injury claim against the Commonwealth in cases involving:

• Motor vehicles operated by Commonwealth employees
• Medical malpractice at the hands of a public institution or public health employee
• Personal property owned by the Commonwealth
• Commonwealth real estate, highways and sidewalks
• Potholes and dangerous highway conditions
• Animals owned by the Commonwealth
• Liquor store-related negligence
• National Guard activities
• Toxoids and vaccines

As you can see, Pennsylvania’s sovereign immunity law gives personal injury claimants an in-road to file a claim in cases involving poor infrastructure maintenance. This means that if you can show that the Commonwealth had a legal duty to maintain a certain structure, failed to do so and subsequently caused you harm, you may be within your rights to file a tort claim for compensation.

Keep in mind, though, that tort claims against the government can still be incredibly complicated and often involve stringent filing deadlines and other requirements. If you fail to adhere to these requirements or miss any deadlines, you may find your ability to recover compensation seriously compromised. An experienced personal injury lawyer can help you stay one step ahead of these loopholes and ensure you don’t inadvertently do anything to impede your recovery options.

How a personal injury attorney can help

Claims involving public infrastructure can end in disaster in the absence of competent and experienced legal support. Government entities often have a robust arsenal of legal resources and representatives at their disposal to help defend against claims of liability. They may also attempt to deflect blame onto private citizens or third party contractors to get out of paying you your fair share.

Working with your own legal representation can help you safeguard against common government defense tactics and ensure you have all your ducks for the duration of your case. Your lawyer can investigate your accident and help you identify the entity who was most likely to blame for your suffering so you can build a compelling and comprehensive case for compensation. By conducting an investigation, gathering evidence, negotiating with negligent parties and even representing you in court, your personal injury lawyer can handle the heavy lifting so you can focus on moving forward from your infrastructure-related accident.

Final thoughts

Pittsburgh’s aging infrastructure poses real and growing risks, and our public officials have a legal duty to protect the public against these preventable dangers. When government negligence causes an infrastructure-related accident, injured victims and their families deserve to recover compensation for the full value of their losses.

At Carmody & Ging, Injury & Accident Lawyers, we believe that all members of our local community have a responsibility to do everything in our power to keep Pittsburgh safe and welcoming for all. When our government fails to hold up their end of the bargain, our team is standing by to help injured victims and their families fight for justice and hold the powers-that-be accountable for their failures.

If you or someone you love was injured due to a dangerous public condition in Pittsburgh, you don’t have to fight this battle alone. Give us a call today or fill out our online contact form to schedule a free consultation with a member of our team, and let’s work together to help you hold the right people accountable for your suffering.