Drivers in Texas have a right to enjoy safe and hazard-free roads and highways. Unfortunately, the state and local government agencies responsible for road maintenance do not always uphold their duties of care. If a car accident occurs because of a defective or dangerous road condition in San Antonio, victims working with a San Antonio car accident attorney may be able to recover financial compensation for their losses from the government.
Common Road Defects and Hazards in San AntonioÂ
While drivers have a responsibility to drive cautiously to prevent accidents, the agency that owns the road also has a duty to maintain its safety. It is essential that roads in San Antonio are properly designed, maintained, inspected and repaired, when needed, to prevent serious automobile accidents.Â
Poor road maintenance can lead to many dangerous conditions and defects, including:
- Potholes and road surface issues
- Uneven pavement
- Poor drainage and floodingÂ
- Structural or engineering problems
- Lack of proper road signage
- Missing guardrails or reflectors
- Faded road markings
- Dangerous work zones or detours
- Loose gravel
- Debris blocking the road
- Poor road design
- Unsafe intersections
- Malfunctioning traffic lights
A road that is allowed to fall into a state of disrepair can threaten the safety of drivers, cyclists and pedestrians in the area. If a serious accident takes place because of a road defect, the victim or victim’s family may be entitled to financial compensation from someone outside of their own car insurance company, including the City of San Antonio.
Who Can You Hold Responsible for a Car Accident Caused by a Road Defect in San Antonio?
Public roads are owned by the city. The San Antonio Public Works Department is responsible for daily maintenance of all streets within city limits. If an accident takes place because of a preventable road defect, such as a pothole that the city was informed of prior to the crash, the victim may be able to hold the city legally and financially accountable.
The government can be held liable for accidents caused by defective road design or infrastructure, inadequate roadway maintenance, and dangerous construction zones in San Antonio. Holding a government agency responsible for a crash, however, can be challenging. A legal claim against the government has unique elements compared to a traditional car accident case.
For example, the typical statute of limitations, or deadline for filing a personal injury claim, in Texas is two years. A claim against the government in San Antonio, on the other hand, must be brought within just 90 days under the Texas Tort Claims Act. The rules for these cases are different since government entities are legally protected from liability in many situations.
What to Do After a Road-Related Car Crash in San AntonioÂ
If you get involved in a car accident that you believe was caused fully or in part by a defective or dangerous road in San Antonio, take the following steps to protect your rights:Â
- Check yourself and your passengers for injuries and get medical care immediately.
- Remain at the scene of the accident while you call 911 to report the crash.
- If another driver was involved, write down his or her insurance and contact information.
- Before you leave the scene, take photographs of the road hazard or defect.
- Describe what happened in writing while the details are still fresh in your mind.
- If anyone witnessed the car accident, get their names and phone numbers.
- Look around for any cameras that may have recorded the car accident.
- Report the car accident to your car insurance company, but do not admit fault or accept a fast settlement.
- Follow up with your doctor and follow any treatment plans made in relation to your injuries.
- Contact an injury lawyer in San Antonio for advice about your unique situation before settling.
The best way to move forward after a car accident caused by a dangerous road in San Antonio is by exploring your legal options with a knowledgeable car accident attorney. Contact Hill Law Firm Accident and Injury Lawyers for a free case review.