Car Accidents and Road Hazards in Texas: Who Pays the Price?
There are plenty of reasons a car accident happens in Texas, and one common cause is road hazards, such as potholes or construction zones. However, determining who is liable isn’t always straightforward. Here’s a more in-depth look at car accidents caused by road hazards, who is ultimately responsible, and why.
Types of Road Hazards Leading to Accidents
There are a number of road hazards that can cause a car accident in Texas. Here are some of the more common ones.
Poor Road Maintenance
Poor road maintenance frequently causes road accidents in Texas. Potholes and cracks can force vehicles to swerve, increasing the risk of an accident. They can also damage tires. An uneven pavement due to excessive wear and tear can make vehicles unstable. Faded markings can be dangerous, too, as drivers may not see them. Faded markings can be especially dangerous at intersections. Poor drainage is another issue. Standing water or roads can result in hydroplaning, making it easy for drivers to lose control of their vehicles.
Construction Zones
Many drivers are often unaware that construction zones can be road hazards. However, random nails and debris, for example, can cause flat tires, which can be dangerous if you’re driving at high speeds on the freeway.
Construction zones also result in lane closures or narrower lanes, which can make it difficult for vehicles to maneuver, cause confusion, and disrupt the flow of traffic. In addition, large construction equipment, such as cranes, can limit visibility for drivers on the road, increasing the risk of having an accident.
Confusing signs are another reason for accidents. Misleading signs can cause vehicles to suddenly swerve or stop, resulting in collisions. Increased traffic in that area can also result in congestion, resulting in more rear-end collisions. Lastly, the presence of workers makes these areas more dangerous as they’re more vulnerable to passing vehicles.
According to the Texas Department of Insurance, “more than 26,000 crashes, resulting in 690 serious injuries and 167 deaths” occurred in statewide construction zones.
Weather Conditions
Texas tends to get 1-2 days of snow per year. This little snowfall means the state isn’t fully equipped to clear snow and ice off freeways and roads. As a result, sudden snowstorms and ice storms can lead to a sharp increase in accidents on the roads. One example is the 133-car pileup on the I-35 in Fort Worth, Texas, which occurred on February 11th, 2021. Previously, the area had received 36 hours straight of below-freezing temperatures.
Flash floods are another major weather condition in Texas that can cause road hazards. Roads with inadequate drainage or poor designs can create dangerous driving conditions.
Who Is Liable for Accidents Caused by Road Hazards?
If your car accident was caused by a road hazard, a car accident lawyer may be able to help you determine which entity is liable. Here are some common culprits.
Government Entities (City, County, or State)
If a government entity, such as the city, county, or state, was aware of the hazard and did nothing to fix it, that entity may be liable. To hold a government entity liable, a car accident attorney must be able to prove that the entity had a reasonable amount of time to remedy the situation but did not. Government entities may be held accountable for potholes that have not been fixed, malfunctioning traffic signs, road debris, and missing guardrails. The Texas Tort Claims Act (TTCA) allows individuals to sue government entities or businesses for injuries or damages caused by their negligence.
Construction Companies and Contractors
If negligence from construction companies resulted in a road hazard, they can be held liable. For instance, if a construction company did not have proper signage or did not ensure adequate lighting in the area, it could be held responsible for any vehicle accidents in the area. They may also fail to remove construction debris when the job is complete. Contact a car collision lawyer to find out the full extent of their liability, as this will differ from case to case.
Private Property Owners
In Texas, private property owners must maintain their premises as well as any property that is adjacent to public roads. If there are hazards from a property that fall on the road, such as a tree branch or debris, property owners will be held liable for any resulting vehicle accidents or deaths. However, a car wreck attorney must prove that a private property owner had knowledge of the hazard and failed to take steps to remedy the situation.
Road Designers
If a road is poorly designed, like a badly designed curve, the entity that designed the road can be held liable for any vehicle accidents. An auto accident lawyer must prove that a specific design flaw was the direct cause of the accident. Lawyers must also bring in expert testimony to demonstrate how a design flaw contributed to the accident.
Vehicle Manufacturers
A professional car wreck lawyer can demonstrate that the fault lies with the vehicle’s manufacturer. A faulty brake caused by a manufacturer defect may cause a vehicle to slide across a construction zone, for instance. For a manufacturer to be held liable, an attorney must prove that the defect existed, played a role in the accident, and made the vehicle dangerous to drive.
Other Drivers
Even if a road hazard caused a car accident, other drivers may have played a role, whether it was from speeding or distracted driving. Since Texas follows a modified comparative negligence rule, another driver who is partially at fault may have to pay proportionally for any damage caused.
Compensation for Victims of Road Hazard Accidents
If a car collision attorney can prove that you were the victim of a road hazard accident, here are some of the ways you may be able to receive compensation.
Medical Expenses
The at-fault responsible entity or party will have to pay for your hospital bills and any costs associated with your hospital stay. This includes surgery, emergency room visits, and inpatient care. The responsible party will also have to pay for ambulance transportation, diagnostic tests (like X-rays), medical devices, and any physical therapy services you may need to recover from your injuries. To ensure you get accurately compensated, keep all your medical bills. Even follow-up appointments may be eligible for compensation.
Lost Wages
Lost wages can be twofold. You can collect the income you would have earned had you not been injured in an accident, and you can collect future wages. Future wages refer to wages that you’re expected to lose because your injury has impacted your ability to earn a full-time salary. The responsible party will also have to pay for any loss of benefits, such as accrued sick time, vacation time, and any lost contributions to your retirement accounts. If you were forced to switch employment and accept a lower salary due to your injuries, the difference in salary can be considered lost future wages as well.
Pain and Suffering
You can legally seek compensation for any pain and suffering caused by your accident. This includes physical chronic pain, such as intense lower back pain, emotional suffering, and post-traumatic stress disorder (PTSD) symptoms. You may also suffer mental anguish, panic attacks, or a significant disruption to your daily life. This pain and suffering may not be immediately apparent. It can crop up months after the accident. Consult a car accident attorney to find out exactly what is categorized as “pain and suffering” and what kind of compensation you’re entitled to receive.
Property Damage
The party responsible for the accident is typically liable for repairing your vehicle. If the vehicle was totaled, the compensation will be the vehicle’s market value before the accident. If other property was damaged in the accident, such as fences, houses, gates, and other structures, compensation will be needed to cover repair or replacement costs. However, it’s important to contact an auto accident attorney, as you may be partially responsible for any property damage, which will affect your compensation.
Punitive Damages
The goal of punitive damages is to deter similar behavior in the future. If an entity or company demonstrated gross negligence, they may be forced to pay punitive damages, especially if they were aware of the road hazard but chose to ignore it. Texas law limits the amount of punitive damages that can be awarded to a victim, so consult with a car accident lawyer to find out if you have a case and what you’re entitled to. The factors considered for punitive damages are the amount of negligence, the defendant’s net worth, and the defendant’s culpability.
Navigating the Legal Process
Although proving a government entity or third party is responsible for your car accident seems straightforward, the truth is it’s a complicated process. You must demonstrate the following:
• Duty of care
• Breach of duty
• Causation
• Damages
Still, Texas has an “open courts” provision, spelled out in Article 1, Section 13 of the Texas Constitution. This provision allows individuals to seek “legal remedy” for injuries to their person or property. Here’s a breakdown of the legal process.
Identify Which Entity Is Responsible
The first step you should take is to hire a car collision lawyer. An experienced lawyer can help you identify which entity is responsible for your accident, such as the county, city, or a private company.
Collect All Your Evidence
Make sure to collect as much evidence as you can. This includes photos of the scene, videos, testimonies from witnesses, as well as maintenance records of the entity responsible.
File a “Notice of Claim”
A “Notice of Claim” is a formal procedure that informs the entity that you will be filing a lawsuit. Your notice of claim must be filed no later than 180 days after the event.
Keep in Mind the Time Limits
In Texas, you’ll have a window of time to file a “Notice of Claim.” This window is normally two years from the date of your accident. However, for government entities, the statute of limitations drops to six months.
Government Entity Restrictions
Keep in mind, too, that some government entities have immunity from certain lawsuits, though this immunity can be waived under the Texas Tort Claims Act. In addition, as noted above, there may be caps on the amount of damages you can receive from government entities.
Prove Your Case With an Auto Accident Lawyer
To help prove your case, it’s important to contact an auto accident lawyer. An experienced lawyer can help establish that an entity or company was legally responsible for maintaining safe road conditions (duty of care) and that they failed to fulfill their duty (breach of duty). Your lawyer can then demonstrate that the accident was directly caused by the road hazard (causation) and that you are entitled to compensation for lost wages, medical expenses, property damage, as well as pain and suffering (damages).
Get Help From The Professionals at PM Law Firm
If you’ve been in a car accident caused by a road hazard, a car wreck lawyer from PM Law Firm can help. These cases are often complicated and need professionals with special knowledge of the law. Professional lawyers can also identify all the damages, both physical and psychological, and ensure you receive full compensation. Plus, without an experienced attorney arguing your case, insurance companies may try to reduce your payout. Navigating all the steps without the help of a professional can also be overwhelming. And if your case needs to go to trial, an experienced auto accident attorney can argue for you in court and ensure you get a fair outcome.
Need expert guidance for your case? Contact PM Law Firm to talk with an experienced car collision attorney.