If you’ve recently been hurt in an accident because of a road defect in Houston, we don’t need to tell you that the roads here are often in bad shape. Heavy traffic and sweltering weather take a big toll on the roads here, and the Texas Department of Transportation (TXDOT) doesn’t always stay on top of repairs.
Now you might be wondering, can you sue the state for bad roads? The answer is yes, but only under certain circumstances and subject to tight deadlines.
What are the Texas Road Hazard Laws?
Government entities in Texas have a duty to maintain roadways and provide warnings of hazards. Which government entity may be responsible for an accident depends on the roadway in question, and TXDOT may not necessarily be on the hook for road conditions that caused your Houston car crash. That’s because TXDOT is responsible for maintaining state highways, while counties maintain county roads and municipalities maintain other roads within their boundaries.
Road hazards count as “premise defects” under Section 101.022 of Texas’s Civil Practice and Remedies Code. Outside of “special defects” like excavations and constructions, the government is only liable for injuries resulting from a hazard where the following applied:
- The government had already been warned about
- The government had sufficient time to fix, but hadn’t
- Posed an unreasonable risk of injury
To bring a claim against a government entity, you will need to submit a written notice of your claim to that entity within six months of the date of the accident. The law also puts a limit of $250,000 per person and $500,000 per accident on claims against the government.
Who Can You Sue for Bad Roads?
Depending on the circumstances, several different parties could be liable for a car wreck, including the following:
- TXDOT, if the accident happened on a state highway
- Harris County, if the accident happened on a county road or highway
- The City of Houston, if the accident happened on a city roadway
- An independent contractor hired to fix the road hazard
- A property owner, if the accident happened in a parking lot, driveway, or other piece of private property
However, you should be aware that state law forbids TXDOT from spending state funds to pay out property damage claims. This means that if your prospective TXDOT pothole claim only involves property damage, you’re likely out of luck. TXDOT and other government entities responsible for road maintenance will only pay out claims that involve personal injury.
Statute of Limitations for Filing a Road Defect Lawsuit
The Texas Tort Claims Act (TTCA) puts strict deadlines on how long you have to take action after suffering a road hazard–related injury. Specifically, you must file a written notice of your claim to the relevant government entity no later than six months from the date of the accident. If you miss this deadline, you risk losing your right to any compensation for the wreck.
Contact Our Houston Car Accident Lawyers for Help
Have you been injured in an accident in Houston caused by unsafe road conditions? If so, you could be entitled to compensation, but you’ll have to act fast to get it. Contact Fibich, Leebron, Copeland & Briggs immediately for a free, no-obligation, fully confidential consultation with a road hazards lawyer in Houston. We can review your case, discuss what happened, determine whether TXDOT or someone else is responsible, and explain your legal options.
