Defective Roads
There are situations where driver error is not the only cause of
an accident. A defective highway or street may cause or contribute to
motor vehicle accidents. Sometimes the governmental entity is held
liable for a single car accident that occurs on defectively designed streets and roadways. This is the case both in urban areas and on more rural roads.
Poor maintenance and inadequate signage may also be a contributing
factor to an accident. For example, the shoulders of roadways must not
present an unreasonable risk of harm to traveling motorists. Liability
may arise where the shoulders of the roadway have not been properly
maintained. When there is ongoing construction there is a duty to warn
motorists of any danger presented by such construction projects.
Inoperable traffic lights, improper signals and traffic control devices
that are not visible may serve as a basis for liability for the
responsible entity.
State Roadways
The roadway itself has to be designed to certain specifications and
standards. The standards are updated and changed from year to year.
Without an expert experienced in highway defect cases, it is almost
impossible to know what standard applies. In Texas, the state is not
required to update highways to modern construction standards. To
successfully recover against a public entity for a street or highway
defect you must be able to prove that: (1) the thing that caused your
damages was in the custody of the entity at issue; (2) the roadway was
defective or created an unreasonable risk of harm or injury; (3) the
entity had actual or constructive notice and did not fix the problem
within a reasonable length of time; and (4) the defective or unsafe
condition was the legal cause of the victim’s injuries.
There is no legal requirement that the roadways be in perfect
condition and not every imperfection or irregularity will give rise to a
highway defect claim. Each case must be evaluated on its own merit.
That is why retaining an experienced lawyer is extremely important.
Some states have enacted legislation to place a limit on the amount
an injured party can recover against a political subdivision or
governmental entity. In Texas, there is a cap on damages of $250,000 for
a State or city entity and a $100,000 cap for a county entity.