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Who is liable for an accident caused by a road defect?

On Behalf of | Jan 3, 2025 | Car accidents

Motor vehicle accidents caused by road defects can be devastating. Understanding your legal options is crucial in Texas. Here is who you can sue if a road defect caused your accident. 

Government entities

In Texas, local, state or federal agencies handle maintaining roads. When a flaw in the road, like a pothole or unclear signs, leads to your crash, you may be able to sue the government department in charge of that road. However, suing a government entity involves specific procedures and limitations under the Texas Tort Claims Act. 

Private contractor

Sometimes, the government hires private contractors for road construction and maintenance. If these contractors inadequately perform their duties and create hazardous conditions, their negligence can result in liability for accidents. 

Construction companies

Road construction zones need safe management. If a construction company neglects to provide proper warnings or creates unsafe conditions, it bears responsibility for accidents in these zones. 

Private landowners

The landowner might be liable for maintaining safe conditions if the accident occurred on a private road. Private landowners must ensure their roads are free from dangerous defects. 

Product manufacturers

In some cases, defective road products, such as faulty guardrails or traffic signals, can contribute to accidents. If a product defect played a role in your accident, you might have a claim against the manufacturer. 

Steps to take

If you believe a road defect caused your accident, consider taking the following steps: 

  • Document the scene: Take photos of the road defect and the accident scene. 
  • Report the defect: Notify the appropriate government agency or property owner about the defect. 
  • Consult a lawyer: Seek legal advice to understand your rights and options. 

These steps can help you build a persuasive case and seek compensation. 

Getting legal help

Understanding who to sue after a motor vehicle accident caused by a road defect in Texas can be confusing. If you have any questions or need further help, feel free to contact a lawyer.