When driving, we expect the roads to be safe. However, poorly maintained roads can lead to dangerous conditions, causing serious accidents. Potholes, broken traffic signals, missing signs, and uneven pavement can make it difficult for drivers to maintain control of their vehicles. If you’ve been injured in a car accident due to hazardous road conditions, you might be wondering: Can I sue the city or government responsible for maintaining the roads? The answer depends on several legal factors, including governmental immunity and the Texas Tort Claims Act.
How Poor Road Conditions Contribute to Accidents
Some of the most common road defects that lead to accidents include:
- Potholes – Can cause tire blowouts or loss of control
- Poor Drainage – Increases the risk of hydroplaning and skidding
- Faded or Missing Lane Markings – Confuses drivers and leads to collisions
- Malfunctioning Traffic Lights – Creates chaotic intersections
- Unmarked Construction Zones – Poses unexpected hazards for drivers
- Overgrown Vegetation – Blocks visibility at intersections and traffic signs
If any of these conditions led to your crash, the government agency responsible for road maintenance may be held liable—but suing the government is not as simple as suing an individual or company.
Governmental Immunity: Can You Sue the City?
Government agencies, including cities, counties, and the state of Texas, are typically protected by sovereign immunity. This legal doctrine shields government entities from lawsuits, making it difficult to hold them accountable for accidents caused by poor road maintenance. However, the Texas Tort Claims Act (TTCA) provides exceptions to this rule, allowing lawsuits in certain situations.
Under the TTCA, you may sue the government if:
- The accident was caused by a dangerous road condition that the city or state knew about but failed to fix in a reasonable time
- The hazardous condition was caused by government employees’ Poor road conditions caused your crash? Learn if you can sue the city for potholes, missing signs, or unsafe roads. Find out your rights under Texas law.negligence, such as failing to repair a known pothole or replace a missing stop sign
If the city was aware of the issue and ignored it, they could be held liable. However, if the governPoor road conditions caused your crash? Learn if you can sue the city for potholes, missing signs, or unsafe roads. Find out your rights under Texas law.ment was unaware of the problem, proving negligence becomes much harder.
Filing a Claim Against the City or State
Suing a government agency requires following strict legal procedures. Here’s what you need to do:
1. File a Notice of Claim Quickly
- In Texas, you must notify the government agency of your claim within six months of the accident (some cities have even shorter deadlines).
- The notice should include the accident date, location, description, and your injuries.
2. Prove Government Negligence
- Gather evidence such as photos of the road defect, witness statements, accident reports, and repair history records.
- Show that the government knew about the problem but failed to act.
3. Work with an Attorney
- Claims against the government are complex and often denied. A personal injury attorney can help you navigate the legal process and increase your chances of success.
Challenges in Suing a City for Road Negligence
Even if you have strong evidence, suing a city is not easy. Common obstacles include:
- Short Filing Deadlines – Missing the claim deadline can result in an automatic dismissal.
- Limited Compensation – Texas caps damages in government lawsuits at $250,000 per person and $500,000 per accident.
- Denial of Liability – The city may argue that the driver was partially responsible for the accident.
Can You Sue If a Private Contractor Was Involved?
Many road maintenance projects are handled by private contractors hired by the government. If an unsafe road condition resulted from negligence by a contractor, you may be able to sue the company instead of the government. For example:
- A construction company failed to install proper warning signs in a roadwork zone
- A private contractor performed faulty repairs that made the road more dangerous
Unlike government agencies, private companies do not have sovereign immunity, making it easier to file a lawsuit.
What Damages Can You Recover?
If you successfully sue a city or contractor for a road-related accident, you may be entitled to compensation for:
- Medical expenses (hospital bills, rehabilitation, therapy)
- Lost wages (if the accident prevented you from working)
- Pain and suffering (emotional distress caused by the crash)
- Property damage (vehicle repair or replacement)
What Should You Do If Poor Road Conditions Caused Your Accident?
If you were in an accident due to unsafe road conditions, take the following steps immediately:
- Document the Hazard – Take clear photos and videos of the road defect and accident scene.
- Call the Police – A police report can help establish the cause of the crash.
- Seek Medical Attention – Get medical care, even if injuries seem minor.
- Collect Witness Statements – If others saw the accident, their testimony could strengthen your case.
- Consult a Personal Injury Lawyer – Suing the government is complex—having a lawyer improves your chances of a successful claim.
Final Thoughts: Do You Have a Case?
Poorly maintained roads are a serious safety hazard, and government agencies must take responsibility for fixing them. However, holding a city or state accountable requires strong evidence and quick legal action. If you believe road conditions caused your accident, an experienced Texas personal injury attorney can help you determine if you have a valid claim.
At Hildebrand & Wilson, LLC, we fight for accident victims and help them recover compensation for their losses. Contact us today to discuss your case.