Can You Sue for Injuries Caused by Road Hazards in Texas?

Whether you hit a massive pothole that damaged your vehicle and caused injury, encountered unmarked construction debris, or were hurt due to poor road maintenance, your pain and frustration after being injured by road hazards in Texas are completely valid. But is there anything you can do about it? Can you sue for bad roads? Can you sue for hitting a pothole?

Yes, you can sue for injuries caused by road hazards in Texas. Depending on the specific circumstances, you may be able to file a claim against a government entity responsible for road maintenance, a construction company, or other parties whose negligence contributed to the hazardous condition that caused your injury.

The experienced auto accident attorneys in Houston and The Woodlands from Grimes & Fertitta understand the nuances of road hazard cases and have a proven track record of helping injured Texans get the compensation they deserve. Call 713-224-7644 or contact us online today for a free consultation to discuss your case and understand your legal options.

What are the Texas road hazard laws?

Texas road hazard laws are governed by both the Texas Tort Claims Act and general Texas negligence laws. Government entities have a legal duty to maintain safe roadways, but certain limitations and special rules apply when bringing claims against them.

Under the Texas Tort Claims Act, governmental bodies can be held liable for injuries caused by road hazards, but only if:

• The government had actual notice of the dangerous condition
• The condition posed an unreasonable risk of harm
• The government failed to address the hazard within a reasonable timeframe
• The failure to address the hazard directly caused your injuries

Statute of limitations on road hazard claims

It’s important to note that Texas enforces strict notice requirements and shorter deadlines for claims against government entities. When bringing a claim against the Texas government or a state agency, you must file a formal notice of your claim within six months of the incident (some cities have even shorter deadlines of 90 days or less). Additionally, damages are capped at $250,000 per person and $500,000 per incident when suing a state agency.

For road hazards caused by private entities, such as construction companies leaving debris on roadways, standard negligence laws apply. These cases typically have a two-year statute of limitations and no damage caps, allowing you to pursue full compensation for your injuries, lost wages, and other damages.

Keep in mind that Texas follows a modified comparative negligence system, meaning if you were partially at fault for the accident (for example, by driving recklessly), your compensation may be reduced. If you’re found to be more than 51% at fault, you cannot recover any damages.

Who is liable for car accidents caused by road hazards?

Road hazard liability in Texas often depends on who was responsible for maintaining the road where your accident occurred. Multiple parties may potentially be held accountable including:

Government entities

If you’re wondering, “Can I sue the government for negligence?”, the answer is yes. State agencies like TxDOT, county road departments, or city maintenance departments can be liable if they knew about a hazard but failed to repair it within a reasonable time. This includes dangerous conditions like:

• Potholes that have been previously reported
• Missing or damaged guardrails
• Malfunctioning traffic signals
• Poor drainage systems causing water accumulation
• Inadequate warning signs for known hazards

Construction companies

Private contractors working on roads may be liable when:

• Construction debris is left on the roadway
• Work zones are improperly marked
• Traffic barriers are incorrectly placed
• Uneven pavement transitions aren’t properly marked
• Road work creates dangerous conditions without adequate warning

Property owners

Adjacent property owners might be responsible when:

• Their property causes dangerous conditions that extend onto the road
• Trees or landscaping from their property creates visibility issues
• Private driveways are poorly maintained where they meet public roads
• Debris from their property creates road hazards

Civil engineering companies

Engineering firms that designed the road could be liable if:

• The road design is inherently dangerous
• Drainage systems were improperly planned
• Sight lines were poorly calculated
• Safety features were inadequately incorporated into the design

Figuring out which party is liable can be complicated, as multiple entities may share responsibility — but legally proving liability can be even harder. For example, a pothole accident might involve both the construction company that recently worked on that section and the government agency responsible for maintenance. This is why documenting evidence immediately after the accident and working with an experienced attorney is critical for building a strong case.

Learn more: Whose insurance pays in a multi-car accident?

How to prove liability in road hazard personal injury claims

To successfully prove liability in a road hazard personal injury claim, you’ll need to establish four key elements of negligence while gathering specific evidence that supports your case. Here’s what you need to do:

1. Establish the responsible party’s duty of care: Start by documenting the exact location of your accident. Research whether it was a city, state, or private road. Your attorney will also help determine if any construction companies were working in the area.
2. Prove knowledge of the hazard: Begin by searching for previous complaints about the road condition and requesting maintenance records that show when the hazard was first reported. Take detailed photographs that demonstrate the hazard’s age and severity, and locate witnesses who can testify about how long it existed. Additionally, look for records of similar accidents that have occurred in that same location.
3. Document how the hazard caused your accident: Start by taking extensive photos of both the accident scene and the hazard itself, then obtain a copy of the police report and any available surveillance footage. Have a professional document your vehicle damage, and maintain all medical records that link your injuries directly to the accident. Your attorney may also recommend hiring an expert to testify about how the hazard specifically caused your accident.
4. Gather evidence of your damages: Begin collecting all medical bills and treatment records while documenting your lost wages through pay stubs and employer statements. Keep detailed receipts for vehicle repairs and other accident-related expenses, and maintain a daily journal tracking how your injuries affect your activities, pain levels, and physical limitations.
5. Meet legal requirements: File your notice of claim before the required deadline, which is often six months or less, and submit all necessary documentation to the responsible entity. Make sure to follow the proper procedures for government claims, preserve all evidence carefully, and work closely with your attorney to meet every legal requirement.

Taking these steps promptly after your accident gives you the best chance of proving liability and receiving fair compensation. Contact Grimes & Fertitta today to ensure you’re following all the necessary steps for your claim.

Texas road hazard laws — FAQs

Can I sue for hitting a pothole?

If your car was damaged by a pothole, who is liable depends on where the accident occurred and which entity was responsible for road maintenance. In Texas, you can sue a government entity (like TxDOT, your city, or county) for pothole damage if they knew about the hazard but failed to repair it within a reasonable time, though you must file your claim within strict deadlines (typically six months or less).

Can you sue for bad roads?

Yes, you can sue for injuries and damages caused by poor road conditions in Texas, whether they’re caused by deteriorating pavement, inadequate drainage, missing guardrails, or other hazardous conditions. To succeed in your claim, you’ll need to prove that the responsible party (usually a government entity or construction company) knew about the dangerous condition but failed to fix it within a reasonable time.

How do I win my road hazard lawsuit?

Winning a road hazard lawsuit requires building a strong case with compelling evidence and expert witnesses who can testify about how the hazardous condition caused your accident. Your attorney will gather documentation, witness statements, and maintenance records while working with specialists who can prove the responsible party’s negligence.

Your road to justice starts with the legal team from Grimes & Fertitta

Road hazards in Texas can cause devastating injuries and significant financial hardship, but you don’t have to go down this road alone. Our experienced attorneys understand the complexities of road hazard cases and have a proven track record of holding negligent parties accountable and helping injured Texans secure the compensation they deserve. Whether you’re dealing with damage from potholes, poor road maintenance, or construction debris, we’re here to protect your rights and fight for justice.

Take the first step toward recovery by calling us at 713-224-7644 or contact us online for a free consultation. The sooner you reach out, the sooner we can start building your case and working toward the compensation you deserve.

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