EL PASO, Texas (KFOX14\/CBS4) \u2014 Crashes caused by confusing road signs or roadway design can sometimes lead to legal action against the agency or company responsible for the signage, according to attorney Daniela Labinoti.<\/p>\n
Labinoti said drivers may be able to sue the Texas Department of Transportation if improper signage or roadway setup contributed to a crash. She pointed to a case she worked on early in her career involving TxDOT.<\/p>\n
Labinoti said her first personal injury case was against TxDOT in 2001, when she worked for an attorney in Lubbock. The case involved a couple who died on their wedding day while traveling after their wedding for their honeymoon, she said.<\/p>\n
According to Labinoti, TxDOT had failed to follow the Uniform Traffic Control Devices and its plans, and \u201cthe signage was wrong.\u201d She said another vehicle went into the wrong side and \u201cthe vertical panels were not correct,\u201d leading to a head-on collision that killed the couple. Labinoti said it was an emotional and difficult case, but \u201cwe prevailed.\u201d<\/p>\n
Since then, Labinoti said she has handled several cases against TxDOT, but noted that such cases can be difficult. She said there is a statutory deadline of six months to file a notice, and that some cases have mandatory venues in Austin.<\/p>\n
\u201cThey’re very hard to fight. They have unlimited resources and they’re very hard cases and they’re not easy cases,\u201d Labinoti said.<\/p>\n
Labinoti said lawsuits against TxDOT are possible, but she emphasized the importance of having attorneys who understand the process and have the resources to take on a government agency.<\/p>\n
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