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Defective
Street Cases
There are situations where driver error is not the only cause
of an accident. A defective highway or street may cause or
contribute to motor vehicle accidents. Sometimes the governmental
entity is held liable for a single car accident that occurs
on defectively designed streets and roadways.
Poor maintenance and inadequate signage may also be a contributing
factor to an accident. For example, the shoulders of roadways
must not present an unreasonable risk of harm to traveling
motorists. Liability may arise where the shoulders of the
roadway have not been properly maintained. When there is ongoing
construction there is a duty to warn motorists of any danger
presented by such construction projects. Inoperable traffic
lights, improper signals and traffic control devices that
are not visible may serve as a basis for liability for the
responsible entity.
The roadway itself has to be designed to certain specifications
and standards. The standards are updated and changed from
year to year. Without an expert experienced in highway defect
cases, it is almost impossible to know what standard applies.
In Texas, the state is not required to update highways to
modern construction standards. To successfully recover against
a public entity for a street or highway defect you must be
able to prove that: (1) the thing that caused your damages
was in the custody of the entity at issue; (2) the roadway
was defective or created an unreasonable risk of harm or injury;
(3) the entity had actual or constructive notice and did not
fix the problem within a reasonable length of time; and (4)
the defective or unsafe condition was the legal cause of the
victim’s injuries.
There is no legal requirement that the roadways be in perfect
condition and not every imperfection or irregularity will
give rise to a highway defect claim. Each case must be evaluated
on its own merit. That is why retaining an experienced lawyer
is extremely important.
Some states have enacted legislation to place a limit on
the amount an injured party can recover against a political
subdivision or governmental entity. In Texas, there is a cap
on damages of $250,000 for a State or city entity and a $100,000
cap for a county entity.
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