We offer free case evaluations, and you owe nothing unless we win. Call before time on your case runs out.
Call Now: 512-535-1649
The government agencies who build roads have a duty to maintain them and keep them safe for drivers. When dangerous road conditions cause accidents, the accident victims may be able to hold the government agency financially responsible for any injuries and property damage that occurs.
At Lovins Trosclair, PLLC, we are not afraid to take on municipal, county, or state agencies to get you the maximum pay out possible for your Austin-area accident injuries. Call our accident lawyers for dangerous road conditions at 512-535-1649 to schedule a free case analysis today.
How do dangerous road conditions cause accidents?
There are many ways the design, construction, or maintenance of a public road can cause accidents. While this list is far from exhaustive, a few of the most common issues with Texas roads that could lead to dangerous conditions include:
- Road debris;
- Uneven lanes and other road surfaces;
- Large shoulder drop-offs;
- Pooling and other drainage issues;
- Inadequate lighting;
- Issues with signage;
- Lacking guardrails or defective guardrails;
- Sightline issues caused by overgrown plant life; and
- Construction zone hazards.
Who is liable for a dangerous road conditions accident?
Our car accident lawyers can help you determine the cause of your car crash and any contributing factors. If we discover that poor road conditions played a role, we can identify the potentially liable designer, contractor, or agency. Often, this is the Texas Department of Transportation (TxDOT), the local government, or the Commissioners Court.
For example, if there is an issue with pooling on a county highway, we may need to determine if the problem originated due to a clogged drain or poor design. If we find a clogged drain, the agency tasked with maintaining the road may be liable. Then, we have to consider if we can meet the strict standards to hold them financially responsible for your damages.
Holding these government agencies liable is sometimes difficult, but we have the experience and resources necessary to aggressively investigate and pursue your case. We can protect your rights while navigating the complex process to file a claim against a government agency.
When is a government agency liable for my damages?
Proving a government agency is guilty of negligence is somewhat more difficult than showing another driver caused a crash. Even if a pothole definitely played a role in your accident, we must show that the agency responsible for maintaining the road knew about the pothole and had an opportunity to repair it before we can hold them liable.
If the agency was not aware of a dangerous road condition, it is difficult to prove they are responsible for your injuries and property damage. To win your claim, we need to show they knew—or should have known—about the danger. Even if they did know, we have to consider if they had the time to make repairs or correct the dangerous condition before your accident.
Often, we can use reports of past accidents in the same area to show issues with road design or maintenance.
For example, imagine you are at an intersection where overgrown shrubs prevent you from having a clear view of approaching vehicles in the right lane. You turn right at a red light and another car hits you. The government agency tasked with maintaining this road may claim they were unaware of the overgrowth and limited vision it caused. However, if we uncover three other similar accidents over the last two months, we can demonstrate that the agency:
- Knew about the shrubs blocking the sightlines in this intersection; and
- Had time to trim the shrubs, but failed to do so.
How can I file a claim against the liable party after a dangerous road accident?
When filing a claim against a government agency, you want to have a lawyer on your side. The process required to file this type of claim differs from a typical car accident case. Deadlines are tight and you could lose your right to compensation if you do not follow the process exactly. Letting us handle your claim will ensure you meet all relevant deadlines and protect your rights to compensation.
Many people assume that, since there is a two-year statute of limitations on personal injury cases in Texas, they have the same amount of time to file a claim after a dangerous road condition accident. When one of the liable parties is a government agency, though, there are often much earlier deadlines. For this reason, it is imperative to give us a call as early as possible in the claims process if you suspect a dangerous road condition contributed to your crash.
Once we identify the at-fault agency and collect the evidence necessary to prove your case, we need to file the initial paperwork notifying the government of your intent to file a claim. Each agency handles this notification process in a somewhat different way, and some give you as little as a few months after the date of the crash to notify them of your intent.
After we notify them of our intent, they begin a review of your case. Often, after reviewing the evidence we collected, they accept their role in the accident and offer a settlement. We can negotiate a higher settlement, pursue arbitration or other options, or file suit and ask the court to award you a fair settlement that covers your medical bills, lost wages, and other accident-related losses.
How can I contact an Austin dangerous road conditions attorney?
At Lovins Trosclair, PLLC, we regularly pursue claims against government entities and recover the compensation our clients deserve. Once we are on your case, our lawyers commit themselves to maximizing your recovery by holding TxDOT or other local government agencies responsible for their negligent behavior. If you believe a dangerous road condition caused or contributed to your car accident, call our Austin office today at 512-535-1649. We offer free case evaluations and can help you weigh your legal options and get the maximum recovery possible with your claim.