We offer free case evaluations, and you owe nothing unless we win. Call before time on your case runs out.
Call Now: 214-484-1930
Driver error/behavior leads to most traffic accidents each year in the United States. In some cases, however, there are more factors at play. Dangerous road conditions can cause or exacerbate a crash, leaving you with devastating injuries and lifelong disabilities.
Several dangerous road conditions can cause Dallas car accidents. An accident lawyer for dangerous road conditions in Dallas at Lovins Trosclair will analyze the facts surrounding your crash to determine if the poor road conditions at the time contributed to your injuries. If we find that your car accident occurred due to a dangerous Dallas-area road, we can help you hold the contractor, designer, or government agency responsible for the hazard liable for your injuries.
We are often able to recover significant compensation for clients injured in this type of crash. Give us a call to discuss your case today: 214-484-1930.
Who is liable after an accident due to dangerous road conditions?
Common dangerous conditions that lead to accidents include:
- Uneven road surfaces
- Shoulder drop-offs
- Inadequate drainage causing pooling
- Poor lighting
- Inadequate signage
- Debris on the road
- Inadequate guardrails
- Shrubs, trees, or overgrowth blocking sightlines
- Problems stemming from construction zones
Once you find that the road conditions did play a role in your crash, the next step is determining who is responsible for the road in question. In most cases, it is the Texas Department of Transportation (TxDOT), the local municipal government, the Commissioners Court, or another government agency.
Because many government agencies have some sort of immunity from claims and lawsuits, holding them responsible for your injuries may be more difficult than filing suit against another private citizen. For example, you will likely be unable to file a claim if the entity had no prior notice of the hazard. Recovering compensation is not impossible, however.
Partnering with a Dallas accident lawyer who has taken on several of these cases is your best bet to protect your right to compensation. We can ensure you meet all necessary deadlines, and have strong evidence the government acted negligently.
We work with experts to recreate and investigate our clients’ accidents, building a strong case against the liable parties. We can pursue claims against other motorists, private contractors, or government entities to ensure you get the compensation you deserve after a Dallas injury accident.
How can I get compensation for my accident-related losses?
The first step to getting the compensation you deserve after a Dallas dangerous road conditions crash is to enlist the help of a car accident attorney. Your attorney will play a critical role throughout the process. There is no reason to take on a negligent party — especially a protected government agency — on your own.
Next, your attorney will help you determine all the parties who could be liable in your crash. This could include other drivers, the agency tasked with maintaining the road, and even you. If you are partially responsible for causing your crash, you can still collect compensation so long as the other party is 51 percent or more liable for the incident under Texas law.
If your attorney finds that a government entity was responsible for caring for the roadway and that it failed to do so and this caused you to crash, you will need to notify the government immediately about your intention to file suit.
This is a mandatory step to file a claim against a government agency. The specific deadline to send this notification varies by agency, but is usually between a few weeks and six months.
Once you meet the initial notification deadlines, you have a little bit of time to work on your case before your attorney needs to file a claim against the negligent government agency(s).
The next step in the process is the evidence-gathering process to establish a basis to proceed with a lawsuit. During this time, your lawyer works to build your case. The goal is to show that the government entity:
- Owed you a legal obligation to keep the roads in good condition
- Failed to do so and knew it failed (e.g., it knew of a hazardous condition, did nothing to remedy it)
- Caused your accident through this failure
- Caused your injuries by way of the accident
You will also need to provide evidence to show the extent of your injuries and any actual financial losses related to the accident.
At this time, the other party may offer you a settlement. Your lawyer will help you decide if it is enough to cover all your damages. If not, he will negotiate for a higher amount. If your lawyer cannot convince the liable parties to negotiate a fair settlement, he can file a lawsuit and proceed towards trial if necessary. At trial, a judge or jury decides who was at fault, and how much compensation you receive.
What types of damages can I recover?
Most personal injury claims settle out of court, meaning that the liable party — or its insurer — offers you a payment in exchange for you dropping the lawsuit and not pursuing any further claims related to this accident. Regardless of whether you settle out of court or recover through a jury trial, you may be eligible to recover compensation for:
- Medical care
- Rehabilitation and physical therapy
- Ongoing care costs
- Lifetime care costs for those with disabilities
- Current and future lost wages
- Property damage to your vehicle
- Car rental fees, if you needed to rent a car
- Funeral costs, if necessary
- Other accident-related costs
In addition, you can recover compensation for noneconomic losses as well. The most common of these is pain and suffering. Pain and suffering is difficult to calculate but your lawyer can help you determine a fair amount of compensation for these damages based on the facts of your case.
How can Lovins Trosclair help me?
TxDOT and other government agencies are responsible for designing and maintaining streets, roads, and highways in the state. When they fail to do so, there are ways to hold them accountable. There are special laws that protect state and federal government entities, but Lovins Trosclair can help you examine all your legal options for compensation after a dangerous road conditions crash.
Call our Dallas office today at 214-484-1930 to schedule a free, no-obligation case evaluation, and let us get started.