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What Do Texas Laws Say About Road Hazards?
Car accidents on Texas roads happen for various reasons, including road hazards. Before you can pursue compensation for injuries sustained due to such factors, it’s crucial to understand how liability plays out. Texas laws make it possible to hold the at-fault party liable for the damages under the Texas Tort Claims and general Texas negligence laws.
Personal injury lawyers in Brazoria County highlight that, depending on the case specifics, you may bring a claim against the government agency responsible for maintaining proper road conditions. However, certain limitations and special rules exist when bringing claims against government bodies. Consult skilled lawyers to help you understand your legal options.
What Are the Most Common Roadway Hazards in Texas?
Road hazards are prevalent on Texas highways and roadways due to inadequate designs or poor maintenance. They cause motorists to lose control of their cars and crash into other vehicles, pedestrians, or fixed structures. Such accidents often result in significant damages and losses for the victims, including life-threatening injuries and costly property damage.
Pearland car accident attorneys mention the following most common roadway dangerous conditions in Texas:
- Poor grading and drainage
- Steep pavement drop-offs
- Malfunctioning lights
- Damaged or missing guardrails
- Construction debris and fallen equipment
- Unexpected or unmarked sharp curves
- Invisible or missing road signage
- Potholes and pavement cracks
- Narrow lanes
Other hazards include adverse weather conditions and animals on the road, which are sometimes unavoidable. Even if drivers exercise caution, they may be unable to avoid getting into accidents. If you or your loved one suffered injuries under such circumstances, skilled car accident lawyers in Pearland can help you determine liability and pursue a settlement.
Who Can Be Held Liable for an Accident Caused by Hazardous Road Conditions?
Before filing a claim, you must first determine the at-fault party that should compensate you for your damages. Personal injury attorneys in Brazoria County are skilled in investigating such cases and can collect crucial information to help determine liability. The following are some potentially liable parties:
Government Agencies
State and local government agencies are responsible for ensuring public roads are well-maintained. While you can sue the agency for an accident caused by a road hazard, navigating the process can be complex because of the sovereign immunity the agencies enjoy.
Nonetheless, aggressive car accident lawyers in Pearland can help you prove government liability by demonstrating that:
- The agency had actual notice of the hazard, such as potholes, missing guardrails, malfunctioning traffic signals, and poor drainage, causing water accumulation
- The dangerous condition posed a significant risk of harm
- The agency didn’t address the dangerous condition within a reasonable timeframe
- Your injuries directly resulted from the government’s failure to address the situation.
Construction Companies
Depending on the case specifics, private contractors working on public roads may be held liable if the accident happened due to the following factors:
- Improperly marked work zones
- Construction debris left on the roadway
- Incorrectly placed traffic barriers
- Dangerous conditions created by road works without adequate warning
- Uneven pavement transitions without proper markings
Civil Engineering Companies
A civil engineering company responsible for designing the road where the accident happened could be held liable if the investigations reveal the following:
- Sight lines were poorly calculated
- Poorly planned drainage systems
- Inherently dangerous road design
- Inadequate safety measures incorporated into the design
Property Owners
Property owners neighboring the road could be held liable for the accident if:
- Their property poses dangerous conditions that extend onto the road
- Their private driveways are poorly maintained where they meet public roads
- Trees or landscape items from their property create visibility issues
- Debris lying on the road from their property is causing a hazard.
Determining which party to hold liable can be complex, as liability can sometimes overlap. For example, an accident caused by a pothole might involve the government agency responsible for maintenance and the construction company that recently worked on the section. Work closely with legal experts to help you create a strong case.
How Can I Establish Liability in an Accident Caused by Hazardous Road Conditions?
The law requires that a plaintiff prove four crucial elements to hold a party liable for damages resulting from a road hazard-related accident:
- Duty of care: You must show that the negligent party had a legal duty to maintain safe road conditions as established by property ownership laws, state and local laws, or the defendant’s role in constructing or maintaining the roadway.
- Breach of duty of care: Your lawyers can help you show that the defendant breached their duty of care by not addressing the hazard to ensure safety on the road.
- Causation: There must be a relationship between the defendant’s reach of duty, the accident, and the resulting damages. You must show that the accident wouldn’t have happened if the defendant had fulfilled their duty.
- Damages: You must have suffered injuries, property damages, or financial losses due to the accident.
Proving these elements can be complex, so work with experienced Pearland car accident lawyers to enhance your chances of a favorable outcome. They can engage the expertise of an accident reconstructionist and other professionals to prove your case.
A Skilled Personal Injury Attorney Helping You Navigate Liability Issues
Accidents due to hazardous road conditions can lead to devastating consequences, such as life-threatening injuries and loss of valuable property. While the law makes pursuing compensation from the at-fault party possible, establishing liability can be an uphill task. Skilled car accident lawyers in Brazoria County can work with you to protect your rights.
The Kahn Law Firm, P.C., has dedicated personal injury lawyers who can assess your case specifics. Trust us to put our best foot forward and demand fair compensation from the liable party. Government claims can be tricky, but we understand how the system works. Call us at 713-999-6549 for a FREE consultation.
