Car Accidents Caused by Road Hazards: Who’s Liable in Texas?
Texas is approximately 268,820 square miles, with the length of public roads totaling 314,000 miles. As scary as it may sound, each moment on the road can result in car accidents due to a road hazard. Understanding what exactly a road hazard is, what you can do to prevent a car accident in Texas, and what to do should one occur in the state can help you in various ways.
What Are Road Hazards?
A road hazard in Texas is something in the roadway that could potentially prevent Texans and visitors from reaching their destination safely.
Some include:
- Deer or other animals darting across the road
- Pedestrians not looking when crossing the street
- Drunk drivers
- A driver who falls asleep at the wheel
- Black ice
- Spilled oil
- Potholes
- A car accident or broken-down vehicle
- Ice
- Flooding
- Large branches that fell into the street
- Roadways that weren’t fixed properly
- Treacherous areas of roadway that don’t have proper signage
- Street signs that have fallen over into the roadway
- Debris or cargo from another vehicle
Who Could Be at Fault for a Car Wreck?
There are multiple possibilities for who can be at fault for car accidents caused by a road hazard in Texas.
For starters, you may, unfortunately, be the cause of the accident. Let’s say you fail to secure a bicycle to your vehicle’s roof correctly. If you brake too hard and the bike goes flying off, resulting in a crash between you and another person, you may be found liable for the accident.
There are also times when another driver may be at fault, such as if a truck driver for a commercial company doesn’t properly secure the cargo load in the back of the vehicle, and it spills onto the roadway. In this case, that driver is likely at fault for any resulting accident, but considering they work for a business, the company is also involved.
A pedestrian might be considered a road hazard, depending on the circumstances. For instance, they may be drunk and walk into the roadway without looking, causing you to swerve to avoid them and crash into a utility pole.
Property owners – residential and commercial – may also be liable. For example, say they knew trees on their property had weak branches hanging over the street, and they didn’t take adequate measures to rectify the situation. If one of those branches breaks in a nighttime storm and you accidentally run over it and crash, that could result in a legal case.
Additionally, the government may be at fault for car accidents caused by a road hazard. They’re responsible for providing safe roads for Texans and visitors to the state. If they fail to do that and an accident occurs, you should contact a vehicle crash lawyer.
Potential Roadblocks That Can Influence a Legal Case in Texas
Many legal cases aren’t so cut and dry. Several aspects are often involved – including some potential roadblocks – which are important to know if you decide to pursue legal action.
Let’s refer to the previous example of the branch that fell into the road during a storm. It may not be as simple as saying, “The property owners knew the tree was dangerous. It’s their tree, so it’s their fault.” It’s ideal to have proof that they knew the tree was dangerous and failed to rectify the situation in a timely manner.
Lack of proof can be a major issue. Depending on the circumstances, it may turn into a situation where each person claims the other is at fault with no actual proof of what happened.
Another issue may arise if you decide to sue the Texas government, specifically involving the Texas Tort Claims Act (TTCA). Several aspects of it could impact your legal case, such as the circumstances of the car accident and how much compensation you want.
If you decide to contact a Texas car wreck lawyer – which is always a good idea if you get into a car accident in the state – they’ll inform you of the legal specifics of your case. Some car accidents cases are relatively simple, while others are much more legally complex; the 1990 Tennessee Interstate 75 pileup involving dozens of vehicles is a prime example of the latter.
Can a Dashcam Work in Your Favor?
If you’re not at fault for the car accident in Texas, dash cam footage can help prove that. It can be a great tool to have while navigating Texas roads. However, there are steps you’ll want to take.
For example, get a high-quality dashcam that provides clear images and has excellent stabilization properties. If you want to cover all your bases, choose one that records the car’s interior, out the front of your windshield, and out the back windshield. You should also buy one that offers a high memory capacity and records your speed. Once you purchase it, install it as soon as possible rather than letting it sit in its box for a while.
What Evidence Can Help Your Case?
Having evidence available can help your car crash legal case, including the previously mentioned dashcam footage. A Texas vehicle crash attorney can ensure you have as much evidence on your side as possible should you decide to pursue legal action. However, some of the best types of evidence that may help your case include expert testimony, surveillance footage (in addition to the dashcam footage), self-taken photos and video, and witness statements.
How to Prevent a Car Accident in Texas
Some car accidents in Texas are unavoidable, but there are things you can do while maneuvering the state’s many roadways to help prevent them as much as possible.
For instance:
- Don’t tailgate
- Be alert at all times
- Don’t text on your phone
- Drive at a safe speed
- Avoid driving on roadways during lousy weather
- Don’t drive while under the influence
- Avoid distractions, such as arguing while driving
- Wear any necessary prescription devices, such as contact lenses and eyeglasses
What to Do After a Car Accident in Texas
The period immediately following a car accident in Texas can be upsetting, confusing, and chaotic. However, it’s important to remain as calm as possible and keep a clear head so – if you’re able – you can start taking steps to collect evidence. You also want to evaluate your injuries and check if others involved in the accident are okay.
Call 911 immediately for assistance so the police and paramedics can be on their way. If possible, exchange contact information with other drivers involved in the accident and any witnesses. Start taking videos and photos to document the scene, everything from where the vehicles are and their respective damage to the people present during that time or right after.
Make sure you avoid pushing yourself. Keep in mind that adrenaline may initially make you feel like you’re okay when you actually have visible or internal injuries that exerting yourself might make worse.
When paramedics and police arrive at the scene, don’t refuse medical treatment even if you feel fine. As previously stated, you may be injured and have not yet realized it. Get checked out, even if that means going to the hospital, so you can get a professional medical opinion that you’re okay. The medical records, along with the police report, can also serve as evidence in your legal case.
Contacting a Texas Car Accident Attorney
Most people don’t look forward to getting involved in a legal case, but it’s often necessary. As much as you may want to procrastinate, never wait to contact a Texas car crash attorney after your accident. The statute of limitations is in play.
There’s also no telling how long a legal case will take. Some might be short, while others could take years, depending on the circumstances. The sooner you contact a Texas car wreck attorney, the better it is to get the process going so you can hopefully get through it as quickly as possible. It’s also vital for dealing with the bills, decreased income, and necessary expenses that might occur in the meantime, such as if you have to miss work, need to find a new job, now require certain medications, or have to do physical therapy every week due to injuries from the car accident.
Call a Texas Car Crash Lawyer Today
After speaking with you, a Texas car accident lawyer can evaluate the information and determine who is likely liable for the road hazard that caused your car accident. These types of cases can be incredibly complex, and it’s better not to navigate them on your own. A qualified, professional Texas attorney with experience with these types of cases can help walk you through the process so you don’t have to go it alone. This is the time to get an empathetic, powerful Texas legal team on your side.
Sources:
1. Texas size: https://www.thestoryoftexas.com/education/texas-did-you-know
2. Texas roadways: https://ftp.txdot.gov/pub/txdot-info/tpp/2050/meeting-materials/round-02/highway-intro.pdf
3. Tennessee litigation/accident: https://www.latimes.com/archives/la-xpm-1994-01-23-me-14542-story.html