Texas roads have been memorialized on the screen, from the television series Dallas to the film Bonnie and Clyde. But while Texas roads may conjure images of driving with the windows down and the sun shining bright, there’s a darker side to the Lone Star State’s roadways.
In Texas, 1 person is injured in a car accident every 2 minutes. What’s more, many of these accidents have nothing to do with other drivers but are instead caused by defective roads.
So what constitutes a defective road and who can you sue if you’re injured in an accident caused by a defective road?
In this article, we’ll answer those questions and more.
The term “defective road” is a broad term used to describe a road on which a dangerous defect or condition exists. Common examples include:
All of the above factors can make it difficult for a driver, bicyclist, or motorcyclist to stay safe on the road. As a result, the party responsible for the road defect can be sued by the injured party in order to recover financial compensation.
Just like a common car accident, you generally need to prove that someone was negligent in order to recover damages in a road defect case. This means you have to prove 4 elements of negligence:
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Keep in mind that the defendant (the party being sued) may try to blame you for the accident. For example, the defendant might argue that even though there was a large pothole in the road, you should have seen the pothole and driven around it. In other words, the defendant might argue that you were at least partially responsible for the accident.
Texas follows the modified comparative fault theory. This means that your damages are reduced by your percentage of fault. For example, if your damages are $100,000, but the judge or jury finds you 30% at fault for the accident, your damages will be reduced to $70,000.
What’s more, under the modified comparative fault theory, you’re prohibited from recovering any damages if you’re found to be more than 50% at fault.
Most road defect lawsuits involve a government entity (such as the Texas Department of Transportation). As a result, both the procedure for filing the claim and the deadline to file a claim differ from other car accident cases.
In most car crash cases, you have 2 years to file a claim. However, when the defendant is a government entity, you only have 6 months to file a claim.
What’s more, before you file a lawsuit, you must first submit a notice of claim to the proper government agency. The agency you’re suing is not always the agency that you need to provide notice to. Simply put, suing the government is confusing. If you think you have a road defect claim, it’s in your best interest to contact an attorney immediately to discuss your case.
Of course, it’s not always the case that a government entity is responsible for your road defect case. For example, if your car is struck by road debris, the responsible party could be anyone connected to the fallen item. This might be an individual driver or a company (such as a trucking company).
AAA provides the following safety tips to help prevent and reduce the severity of accidents with road defects and road debris:
Road defects can be scary. It might seem like no one is to blame when you’re involved in a car crash caused by road erosion or stray piece of trash. However, a good attorney can investigate your accident and locate the responsible party.
What’s more, most attorneys offer free initial consultations. If you’ve been injured by a road defect, talk to an attorney. You might be surprised to learn just how strong your case is.
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