Yes, municipalities can be held liable for hazardous road conditions. While government entities generally enjoy protection from lawsuits, Texas law creates exceptions that allow you to seek compensation when negligent road maintenance causes you harm. It’s important that you contact an experienced car accident lawyer in Mcallen, Texas for legal guidance and support.
Common Hazardous Conditions That Lead to Accidents
Municipalities have a responsibility to maintain safe roadways, but when they fall short, drivers like you bear the consequences. Sometimes you don’t realize a hazard exists until it’s too late—and by then, you are dealing with vehicle damage, injuries, or worse.
Several hazardous conditions commonly contribute to accidents:
- Potholes and crumbling pavement
- Faded or missing road markings
- Malfunctioning or obscured traffic signals and signs
- Inadequate drainage leading to standing water or ice accumulation
- Uneven road surfaces or sudden elevation changes
- Overgrown vegetation blocking sight lines at intersections
- Missing or damaged guardrails on dangerous curves
- Debris left uncleared after storms or construction
When Municipalities Can Be Held Responsible for Road Hazards
The Texas Tort Claims Act governs when you can pursue a claim against a governmental entity. Under this law, municipalities generally have immunity from lawsuits. However, that immunity is not absolute. The Act waives this protection in certain situations, opening the door for injured parties to seek compensation.
You may have a valid claim if your injury or property damage resulted from the condition or use of real property, such as a poorly maintained road. The municipality can also be held liable when a government employee’s negligence while operating a motor vehicle or equipment causes harm. In these cases, the government is treated similarly to a private party in a personal injury lawsuit.
Strict Deadlines for Filing Municipal Liability Claims in Texas
Time is not on your side when filing a claim against a municipality. While you generally have two years to file a Texas personal injury lawsuit, claims against government entities come with an additional hurdle: a formal notice requirement.
You must provide written notice to the government entity within six months of the incident. This notice needs to describe your injuries or damages, identify when and where the incident occurred, and explain what happened. Missing this deadline can prevent you from pursuing your claim entirely, even if you file your lawsuit within the standard two-year window.
Here’s where it gets even trickier: local governments can establish their own notice periods through ordinances or charter provisions. This may shorten your timeline to as few as 30 days. If a city requires notice within 30 days and you wait until the five-month mark, your claim could be dismissed regardless of how strong your case is.
Talk to an Attorney About Your Hazardous Road Accident
When a municipality fails to maintain its roadways or ignores known hazards, innocent drivers pay the price with damaged vehicles, serious injuries, or worse. De La Garza Law Firm knows how to hold these government entities accountable while preserving your right to full and fair compensation. If you’ve been injured due to a dangerous road that a city or county failed to fix, contact us at (956) 201-8453 and protect your rights before time runs out.
