Fort Worth Road Defects Lawyer

Most motor vehicle accidents are due to operator error. One or more drivers are negligent, leading to an accident. However, failing to maintain a road properly can leave a state, local, or county agency liable for injuries that occur on that road.

Unfortunately, these cases are not simple. Controlling your vehicle and responding appropriately to road hazards is one of your duties as a driver. Just because a road is poorly maintained does not mean it was the cause of an accident. Determining whether defective roads were the legal cause of your injuries is something a skilled auto collision attorney could assist you with. A Fort Worth road defects lawyer could investigate the facts of your case and help you identify liable parties.

What Are Road Defects?

The roads in the Dallas/Fort Worth metroplex are notoriously awful. Potholes big enough to swallow cars, construction everywhere, and poor signage make driving in the area a challenge. Shifting liability to the government agency responsible for designing, building, or maintaining the road, however, requires proving more than wear and tear.

A defective road must be inherently dangerous. Poor design and poor maintenance are the two main types of defects. Designing roads with unmarked dips, slopes, or drop-offs can be an inherent danger because drivers can lose control of their vehicles. Unmarked dips can also disguise flood waters. Broken guardrails can allow cars to fall off overpasses, bridges, or other elevated areas. Poorly marked or narrow lanes can lead to sideswipe accidents. Potholes and cracked asphalt can divert cars, cause rollover accidents, and pop tires. Overgrown vegetation can block signs, making intersections particularly dangerous.

Determining when a road goes from poorly maintained to dangerous can be a subjective standard, complicating recovery from government agencies for injuries linked to road defects. Consulting a Fort Worth attorney who is familiar with the state of local roads and their defects is essential to developing a strong case.

Government Liability for Road Defects

When road defects lead to an accident, determining who is responsible for designing or maintaining the road is crucial. Generally, the roads in the Fort Worth area are maintained by local or county governments, though the state may be responsible for some areas. Additionally, private companies may have an interest in toll roads and other private roads.

The state has special rules for victims seeking compensation from governmental entities. These rules can require people to file claims with the appropriate agency or notify them of an intent to file a lawsuit. They can also reduce the statute of limitations. Furthermore, local governments can make changes to these rules. So, it is essential to quickly identify the appropriate government agency and follow the necessary steps to start a claim. Victims handling these claims on their own can lose their right to recover. A knowledgeable attorney in Fort Worth could help identify responsible agencies after a road defect accident.

Third-Party Liability

In some cases, other parties may share responsibility for the accident. For example, the government may contract with private parties to design, build, or maintain roadways. If their negligence led to the defect, then these third parties may be liable.

Unfortunately, identifying the appropriate parties can feel impossible for people who are unfamiliar with this area of the law. One of the significant advantages of hiring a Fort Worth lawyer is that they are familiar with the governmental and private entities often responsible for road defect cases.

Consult a Road Defects Attorney in Fort Worth

If you have been injured in a road defects accident, you may not have as much time to bring your claim as you would in other accidents. The law can strictly limit the time you have available to file a notice that you intend to bring a claim or lawsuit. Do not lose any of your potential remedies. Consult a Fort Worth road defects lawyer to find out the steps you need to take to get the compensation you deserve.