When Can the State of Texas Be Liable for a Car Accident?

 Posted on March 14, 2022 in Car Accidents

In rare cases—but maybe not as rare as you think—the state can be held liable for car accidents. Drivers have a duty to use appropriate care to avoid accidents. The state has a duty to make sure the roads are reasonably safe to drive on. When road conditions are dangerous in a way that the state has control over, the state could be held responsible for any injuries that occur. If you get hurt in an auto accident due to hazardous road conditions, you may want to speak to an attorney to determine whether the state may be liable. 

What Kind of Road Hazards Can Cause Crashes the State is Liable for?

The state of Texas is responsible for maintaining the roads in safe condition. When it does not, it can be held liable for the injuries it causes. The state could be liable to you if your accident was caused by hazards like:

• Obstructed views - When you are trying to safely get through an intersection or exit a plaza, it is extremely important that you are able to see traffic coming from both directions, important signs, and anything else in your path. When bushes or trees are allowed to grow out of control, they can obstruct drivers’ view. This can lead to accidents as drivers cross paths with other vehicles they could not see. 
• Night vision - Reflective paint should be used to mark lanes. When reflective paint has faded too much or was never used in the first place, it can become nearly impossible for drivers to see where their lane is when it is dark out. This can lead to collisions when drivers move out of their lane. 
• Inadequate shoulders - When drivers experience a mechanical issue, a fender bender, or a situation inside the vehicle they need to address, the responsible thing to do is to pull off the road onto the shoulder. When a shoulder is present but too narrow, people who have pulled onto the shoulder may be in danger of getting hit by another vehicle. 
• Road design - In a few cases, a road is so badly designed that accidents are nearly unavoidable. A curve that is too sharp and does not have a reduced speed limit, an intersection at the bottom of a steep hill, or dangerous lane-merging can render a road unsafe to drive on. 

If your injuries after a car accident may have been caused by the state’s negligence, an attorney may be able to help you recover damages. 

Call a Dallas County Car Accident Lawyer

Attorney Jerry D. Andrews is committed to helping people who have been injured in auto accidents. Our skilled Carrolton car accident attorneys are skilled at identifying negligent parties and holding them accountable. Call 214-221-5800 for a free consultation. 

Source:

https://www.txdot.gov/inside-txdot/division/maintenance.html