Lawyer for Car Accidents Caused by Poor Road Conditions
Poor road conditions can result in a motor vehicle accident or a motorcycle crash. Roads are supposed to be maintained so they are safe. When a problem with the roads is the direct cause of harm, an Austin poor road conditions accident attorney can help victims to pursue a claim for compensation. These types of cases can be complicated, because there are rules limiting who can sue the government.
The Loewy Law Firm has handled many past cases where road conditions caused crashes and we can bring our legal experience to work for you. Firm founder Adam Loewy and the rest of our team have been helping people recover fair compensation after an accident for more than 15 years. In total, our clients have won tens of millions of dollars in compensation with our help. We’re also highly respected by our peers in the Texas legal community, as seen by our 10/10 rating from Avvo.
Who is Responsible for a Crash Caused by Poor Road Conditions
Poor road conditions can include:
- Debris in roadways
- Impaired visibility
- Dangerous uncontrolled intersections
- Steep or narrow road shoulders
- Uneven road surfaces
When poor road conditions cause crashes, the government agency who was responsible for designing or maintaining the roadways can potentially be held responsible for crash losses. However, sovereign immunity rules limit when a government employee or agency can be sued for not doing its job to protect the public.
To prevail in a case where a crash was caused by poor road conditions you must prove, among other things, that the agency responsible for maintaining the roads knew or should have known about the conditions and was negligent in failing to correct them. You also have to show the poor conditions were the direct crash cause.
Another issue with filing a personal injury claim against a government agency in Texas is the much shorter window of time you have to act. While the general statute of limitations on personal injury claims in Texas is two years from the date of your injury, you have to file a “notice of claim” within 180 days of being injured if you’re filing a claim against the state. Some counties and cities give accident victims even less time to file a claim.
If you’re considering legal action against a local or state government agency after an accident, be sure to talk to a lawyer as soon as you can. Any delay in speaking to an Austin personal injury attorney could jeopardize your ability to recover compensation for your losses. The Loewy Law Firm knows how to make claims against government agencies and we know the rules for sovereign immunity. When you trust our firm to help you, an Austin poor road conditions accident attorney will assist you in gathering the evidence you need and fighting for your right to be compensated for losses.
Common Injuries from Car Accidents Caused by Poor Road Conditions
Depending on the particulars of an individual crash, a car accident caused by poor road conditions can lead to serious injuries or even death. Some of the most common injuries in accidents like these include:
- Broken bones and fractures
- Damage to the body’s soft tissues, such as muscles, tendons, and ligaments
- Damage to internal organs
- Neck and back injuries, including whiplash
- Injuries to the head and face
- Spinal cord damage, including partial or full paralysis
- Traumatic brain injuries
These injuries can last for the rest of your life and severely impede your ability to take part in everyday activities. A knowledgeable Austin car accident lawyer can help you get the money you need to live comfortably and pay for your expenses after a crash.
How Many Car Accidents Are Caused by Poor Road Conditions?
While state officials don’t keep track of all accidents caused by poor road conditions, there are some data available. According to one report from the Texas Department of Transportation, there were 3,447 crashes statewide in 2019 that were caused by impaired visibility. Of those 3,447 crashes, there were 51 fatal crashes, 132 crashes where someone was suspected to have sustained a serious injury, and 1,065 crashes in which someone sustained a non-incapacitating injury or a possible injury. That’s thousands of injuries in just one year from accidents caused by impaired visibility.
If roads are not well maintained, poor weather can exacerbate these issues and make an accident more likely. Another report from the Texas DOT found that in 2019, there were 388 fatal crashes and 1,308 suspected serious injury crashes on wet roads. Snow and ice accounted for another eight fatal crashes and 21 suspected serious injury crashes.
Contact an Austin Lawyer for Car Accidents Caused by Poor Road Conditions
If you can prove the government agency was to blame, you should be compensated for actual economic losses like the time you take off from work, a reduction in your future earnings because of lasting injuries, and any sick or vacation days you use up. You should get your medical bills covered and you should be able to pursue a claim for non-economic damages like pain and suffering.
Many cases are settled outside of court and your attorney can negotiate with the government agency and their lawyers on your behalf to get you a fair settlement. If litigation becomes necessary, The Loewy Law Firm also has the court experience necessary to make your case for compensation to a jury.
You may have heard the expression, “you can’t fight city hall.” When it comes to crashes caused by poor road conditions in Austin, it is possible to take on the government agency and get the compensation you deserve- but you need an experienced advocate to help you try. Call The Loewy Law Firm today to schedule a consultation and learn more about how our law firm can help you.