In recent years, the Texas Department of Transportation reported over a half million crashes due to bad weather and thousands of others caused by poor road conditions and highway defects. These hazards, from potholes to missing guardrails, put drivers at serious risk of a crash resulting in injuries, vehicle damage, or even fatalities. But when these incidents occur, who is legally responsible? Texas is a “modified” comparative negligence state. This means that to recover any compensation, you need to prove that you are less than 50% at fault. The best way to prove this is to show that other parties and factors are liable.
Common Highway Hazards
Some of the most common highway defects and poor road conditions that lead to accidents in Texas include:
- Potholes and uneven pavement
- Lack of proper signage or road markings
- Poor drainage leading to standing water
- Debris or obstructions in the road
- Damaged or missing guardrails and barriers
- Weather-related hazards like ice, snow, fog, or even extreme heat
Any of these issues can easily cause a driver to lose control and be involved in a serious accident through no fault of their own. However, the burden then comes to the driver to prove whose fault it actually is.
Liable Parties for Poor Road Conditions
When negligence leads to hazardous road conditions that contribute to a crash, several parties could potentially be held liable:
- Government Agencies – State and local transportation authorities are responsible for the proper maintenance, repair, and overall safe conditions of public roads. They may be negligent if they fail to fix known defects or address recurring issues.
- Construction Companies – Contractors hired to build new roads or repair existing ones must follow proper procedures and safety codes. Using substandard materials or failing to account for factors like drainage can expose them to liability claims.
- Private Businesses – Companies like trucking or delivery services that allow improperly secured loads to fall onto the road can create dangerous obstructions. Also, businesses near roadways may be negligent in allowing runoff or debris to flow into the street.
- Weather Monitoring Services – Government road crews often rely on private forecasting companies to provide data on upcoming storms. If these firms negligently fail to predict and warn about severe weather events accurately, they could also be partially liable.
Determining Fault in an Accident
To prove liability and recover compensation through a personal injury claim, victims must establish:
- The liable party owed a duty of care
- There was a breach of that duty through negligence
- The breach of duty directly caused the accident
- The victim suffered quantifiable damages
This requires gathering extensive evidence, such as photos, witness statements, accident reports, and vehicle damage documentation. Although this step may seem overwhelming, our team of experienced attorneys can help.
How The Payne Law Group Can Help
Determining fault in an accident caused by road or weather conditions can feel like an uphill battle. You’ve suffered damages, whether they be emotional, physical, or a combination of both. Without another party to point at, it may be difficult to determine who you should name in an action for recovery, this is where our team can help. Our Bryan attorneys have decades of experience investigating and have in-depth knowledge of what it takes to hold large companies and government entities accountable and give you the greatest chance to recover compensation. Contact us today to discuss your case.