Who Is Liable for Dangerous Road Conditions in Texas? Your Rights After a Road Hazard Accident

Who Is Liable for Dangerous Road Conditions in Texas? Your Rights After a Road Hazard Accident

Texas drivers face hazards like potholes, poor signage, broken guardrails, and construction debris every day. When dangerous road conditions cause a car accident, determining liability can be complex. This guide explains who may be responsible, what evidence is important, how to file a claim, and how to protect your rights.

Who Can Be Held Responsible for Dangerous Road Conditions?

Depending on the circumstances, several parties may be liable for accidents caused by unsafe roads:

• Government Entities: State, county, or city agencies responsible for road design, maintenance, and repairs.
• Contractors: Private companies hired to build, repair, or maintain roads.
• Property Owners: Owners of private roads, parking lots, or driveways open to the public.

Texas law allows claims against government entities, but special rules and deadlines apply.

What Evidence Is Important?

To prove your case, gather evidence showing:

• The hazardous condition (photos of potholes, missing signs, debris, etc.)
• Location and time of the accident
• Police or accident reports
• Witness statements
• Records of prior complaints or accidents at the same location
• Medical records and bills
• Vehicle damage documentation

Preserving evidence is crucial—hazards may be repaired quickly after an accident.

How to File a Claim for Dangerous Road Conditions

Claims Against Government Entities:

• Notice Requirement: You must file a formal notice of claim, often within six months of the accident (sometimes less for certain cities).
• Texas Tort Claims Act: Allows lawsuits against government agencies for negligence in road maintenance, but limits damages and sets strict procedures.
• Investigation: The agency will investigate your claim. If denied, you may file a lawsuit.

Claims Against Contractors or Property Owners:

• File a claim directly with the company or owner’s insurance.
• If denied, you may pursue a personal injury lawsuit.

Consult an attorney familiar with Texas government liability for guidance.

What Compensation May Be Available?

If your claim is successful, you may recover:

• Medical expenses (current and future)
• Lost wages and earning capacity
• Pain and suffering
• Property damage
• Rehabilitation costs
• Wrongful death damages (if a loved one was killed)

Note: Texas law caps damages in claims against government entities.

Tips for Documenting the Hazard and Protecting Your Rights

• Take clear photos of the hazard and accident scene immediately.
• Get contact information for witnesses.
• File a police report and report the hazard to local authorities.
• Save repair bills, medical records, and correspondence.
• Act quickly—deadlines for government claims are short.
• Consult a Texas personal injury attorney for help with evidence and deadlines.

Frequently Asked Questions About Suing for Dangerous Road Conditions in Texas

Can I sue the city or state for a car accident caused by a road hazard?

Yes, but you must follow strict notice requirements and deadlines under the Texas Tort Claims Act. Damages are capped and procedures are complex, so consult an attorney.

What evidence do I need for a dangerous road condition claim?

Photos of the hazard, accident reports, witness statements, medical records, and proof of prior complaints or accidents at the location are important.

How long do I have to file a claim against a government entity in Texas?

You often have six months or less to file a notice of claim. Some cities have even shorter deadlines. Act quickly to protect your rights.

Can I recover damages if I was partially at fault?

Yes. Texas uses comparative fault. Your compensation may be reduced by your percentage of responsibility, but you can still recover if you were less than 51% at fault.

What if the hazard was repaired after my accident?

Preserve evidence as soon as possible. Take photos and get witness statements before repairs are made.

If you’ve been injured in a Texas road hazard accident, contact AskLitigation for a free consultation or call (888) 970-8627. We’re here to help you protect your rights and pursue the compensation you deserve.