Not all traffic accidents are caused by driver negligence. Some are the direct result of hazardous roadways. Defective road accidents in Cypress, TX are legally complex because they generally involve the municipality or government agency responsible for road maintenance.
If you have suffered injuries in such an event, an experienced car accident attorney at Schechter, Shaffer & Harris could make a significant difference in the outcome of your claim. Call our legal team today or reach out online to schedule a free consultation.
Liability in Accidents Caused by Defective Roadways
Local, state, and federal government entities are responsible for maintaining our roadways, meaning they have a legal duty to keep them in a reasonably safe condition for public driving. When crashes result from defective roads in Cypress, government involvement complicates matters.
Elements of Negligence
To succeed in a claim against a government entity for a crash due to a defective roadway, you must establish the following elements of negligence:
- The responsible agency knew about or reasonably should have known about the dangerous road defect
- The responsible agency failed to take the actions necessary to remedy the road defect in a timely manner
- The responsible agency’s failure to act was the direct cause of the accident and your resulting injuries
- You were not aware of the road defect and could not have reasonably anticipated it
- You suffered losses that the law addresses as a result of the crash
The Government’s Responsibility
The government has limited liability in personal injury claims, including those due to defective roads, but is not exempt. When the responsible government entity does not keep a road in reasonably safe condition, they have a duty to warn unsuspecting drivers about the related risk.
In Texas, compensation caps apply to defective road accident cases involving government liability, but no limits are imposed when the at-fault party is a private entity.
What Are Common Roadway Hazards?
Common roadway hazards that cause crashes in Cypress include:
- Steep drop-offs at the shoulder that make pulling off the road dangerous
- Dangerously sharp curves
- Poorly drained roadways that are prone to collecting water
- Large potholes or seriously cracked pavement
- Narrow lanes that do not allow for safe passage
- Loose gravel roads that afford no warning
- Missing, damaged, or dangerously designed guardrails
- Inadequate, confusing, or incorrect signage
- Missing, worn, or confusing lane markings
- Missing manhole covers
- Broken, malfunctioning, or missing traffic signals
- Inadequate or nonexistent lighting
- Dangerously obstructed views of the road ahead
- Fallen trees or branches on the road
- Risky road construction conditions, which may result from negligence on the part of the government, the construction company, or both
Establishing Government Negligence
To prove the government’s negligence in your defective road claim in Cypress, a knowledgeable lawyer could use evidence such as:
- Photos and video footage of the accident site from dashcams, security cameras, traffic cameras, and bystanders
- Blueprints of the roadway’s original design
- The expert testimony of professionals with relevant knowledge
- Post-accident measurements and professional reconstruction models that depict the specific circumstances of the event
Consult an Experienced Attorney To Build a Strong Road Hazard Case in Cypress
Defective road accidents in Cypress can result in significant losses. Holding a government entity responsible for damages adds complexity, so you should consult a lawyer promptly. Our personal injury attorneys at Schechter, Shaffer & Harris have experience guiding difficult claims toward advantageous resolutions and are firmly on your side. Call our team or contact us online today to learn more.
