At points of particular danger along the highways, municipalities -- whether the State, county, town, village or city -- have an obligation to provide barriers of sufficient strength to hold an automobile traveling at a reasonable rate of speed.
So, the duty of governmental transportation departments to provide safe roadways includes not just the paved portion of the roadway. Even though a guide rail is not technically on the paved portion of a travel lane, the government owes the highway traveling public a duty to install the guide rails so that they are safe and contain the car.
Additionally, the government has a duty to motorists beyond the roadway. For example the duty extends to trees adjacent to the road which could be expected to pose a danger to motorists.
However, this duty on the part of the government has an exception. That exception is known as the "qualified immunity defense". Simply stated, if a roadway or safety devices were designed through the exercise of thoughtful discretion and after specific consideration of the safety concerns presented, a court can dismiss the case because the government is allowed to exercise a safety decision-making analysis -- unless that analysis was, well... stupid, (or as polite lawyers would say, "without rational basis.")
Viewing the New York State Department of Motor vehicle summary of Motor Vehicle Crashes, (2013 is the most recent year I could get my hands on), it appears that "environmental factors" in regard to the roadway cause about 22% of all motor vehicle accidents in New York. Among those environmental factors are improper or inadequate lane markings; obstructions on the highway; defective pavement; defective or improper shoulders; improper or nonworking traffic control devices; among other causes.
A lot of people involved in one-car accidents on the highway are reluctant to seek the advice of a lawyer to determine if they have been victimized by an improperly designed or maintained roadway, guide rail, shoulder or defective pavement. You owe it to yourself and to your family to investigate if it happens to you.
