When motorists consider car accidents in fault-based insurance states like Texas, they typically think about an accident caused by another driver’s error, carelessness, or reckless driving. But what about an accident that isn’t caused by a negligent driver but by a hazardous roadway condition? Who Is at fault in this situation and how does a car accident victim recover their damages like property damage to their vehicle, medical expenses, and compensation for pain and suffering?
What are Common Unsafe Road Conditions in Texas?
Every driver has hit the occasional pothole and hoped they didn’t lose a hub cap or damage the underside of their car, but what if an unsafe road causes more than a moment’s startlement but causes you to lose control of your vehicle? Or what if the road’s design is unnecessarily confusing and the result is a collision? There are many common dangerous roadway conditions in Texas including the following:
- Large potholes and cracked pavement
- Loose gravel
- Faded lane markings
- Improper drainage systems
- Overgrown vegetation that impedes views at intersections or blocks signs
- Construction debris
- Inadequate or missing guardrails
- Steep shoulder drop-offs
- Uneven or unlevel lanes
- Missing signs
- Inadequate signage
- Malfunctioning signal lights
- Poorly planned or confusing intersections or entrance/exit ramps
Sometimes unexpected road hazards aren’t avoidable, such as a fallen limb in a storm or an animal’s sudden crossing, but many roadway hazards are preventable or should be addressed or corrected by the proper city, county, state, or federal officials in a timely manner to prevent accidents.
Who Is Liable for Damages After an Unsafe Road Causes an Accident in Texas?
When a preventable hazardous road condition causes an accident, a negligent Texas road maintenance agency or road-planning department could bear liability for an accident victim’s damages. Unless the accident occurred on private property, such as in a parking lot or driveway—in which case the property owner bears liability—the responsibility could lie with a federal, state, county, or city government entity, depending on where the accident occurred.
Car Accident Liability Claims Against Government Agencies After a Road Hazard Accident
Government agencies like road-planning departments and maintenance agencies have comprehensive insurance policies to pay out on claims when their oversight or inadequate maintenance results in an accident. However, it can be challenging to make a successful claim without legal representation by a car accident attorney in Austin with experience in this portion of the state’s liability laws. Different time limits and additional requirements apply to claims against government agencies.
Proving liability in an unsafe roadway accident claim requires proving that the government entity knew the hazard existed and failed to correct it or adequately warn drivers, or that the agency should have foreseen the danger of a particular section of the roadway, and that the injury victim could not have reasonably anticipated the hazard.
How Can a Texas Car Accident Attorney Help?
All car accident claims are challenging in states like Texas with fault-based insurance laws, but when an unsafe road condition causes an accident and the claim is against a government entity, it requires special handling to meet the additional elements necessary for a successful claim. It’s never advisable to navigate this type of claim without skilled legal representation on your side to safeguard your rights. Contact the Austin car accident lawyers at Shaw Cowart LLP to set up a free case consultation so we can begin a strong strategy for your recovery.