To hold your city, state or local government liable for a car accident caused by dangerous road conditions in Texas, you must present evidence showing that the municipality knew or should have known about the hazard but did not fix it in a reasonable time. You must comply with strict deadlines for government claims and unique liability laws in Texas, often making it important to hire a car accident attorney in San Antonio.
How to Prove a Dangerous Road Condition Claim in Texas
Liability, or legal and financial responsibility, for an automobile accident must be proven in Texas before a settlement will be offered. This is how the state’s fault-based car insurance system works. The cause of the crash must be proven with evidence provided by the filing party or plaintiff.
The four elements that typically must be proven in this type of case are:
- A dangerous condition existed on the roadway, such as a pothole, uneven shoulder, missing guardrail, obscured traffic sign, storm debris or malfunctioning traffic light.
- The municipality was aware or reasonably should have been aware of the dangerous road defect; for example, others in the community had already made complaints about the hazard.
- The municipality failed to act in a timely manner to repair the road defect or post conspicuous signs warning drivers about the hazard.
- The dangerous road condition caused the victim’s car accident and related damages, including physical injuries, medical costs and property damage.
These elements must be established using evidence. Available types of evidence may include a police report, complaints regarding the hazard, statements from eyewitnesses or others in the community, photos of the dangerous condition, and your hospital records.
About Claims Against the Government in Texas
Government entities are protected from liability by a doctrine known as sovereign immunity. Many states, including Texas, have passed laws allowing for certain circumstances where individuals can sue the government for negligence, or a lack of proper care exercised by the agency or one of its on-duty employees.
The Texas Tort Claims Act allows you to hold the government responsible for a car accident that’s caused by an ignored road safety hazard. However, special rules apply to claims against municipalities. One is a tighter filing deadline. Rather than having two years from the date of your car accident to bring a claim, you must file a notice with the correct government agency within just six months.
Another is a damage cap. In Texas, local municipal governments cannot be held liable for more than $100,000 per person in damages to accident victims. For state agencies, this cap is increased to $250,000 per person and $500,000 per incident. The entity involved in your car accident claim may try its best to limit its liability by minimizing your payout as much as possible.
How a Car Accident Attorney Can Help
If you were injured in a car accident that was caused by a dangerous road condition or defect in Texas, a car accident lawyer can help you with every step of the recovery process, from gathering evidence against a municipal government to negotiating a fair settlement with an insurance adjuster. Meanwhile, you can concentrate on healing from your injuries and rebuilding your life after your crash.
To speak directly to a San Antonio personal injury attorney about your road hazard car accident in San Antonio, contact Hill Law Firm Accident & Injury Lawyers for a free case review.