Texas is known for its long and open roadways. Many of these roads, however, are dotted with potholes, which pose a serious threat to motorists. Crashing into a pothole can not only damage your vehicle, but can also cause you to lose control of the vehicle, which can be extremely dangerous on the congested roadways of Texas.
If you hit a pothole, damage your vehicle, and get injured as a result, is it possible to recover damages with the help of a Texas car accident attorney? Let us take a look.
Accidents Caused by Potholes – Who Is Responsible?
Under Texas law, if you are injured in an accident caused by a pothole (or any other road defect for that matter), you can sue the governmental entity responsible for maintaining the road, as long as you can prove that the following factors were involved:
- The governmental entity had a duty to maintain the road in question.
- They knew or should have known about the pothole which caused the accident.
- They failed to warn you of the pothole.
- Their failure to fix the pothole or their failure to warn you about it resulted in an accident.
- You suffered injuries and other losses in the accident.
Proving such aforementioned factors had existed, needless to say, is not easy and requires the guidance of an experienced Texas car accident attorney.
Proving the Government’s Negligence
The law states that a governmental entity can be held accountable for your injuries only if they knew or should have known about the pothole in question and failed to fix it in a timely manner. For instance, if the pothole was caused as a result of heavy rains only a couple of days before the accident, you might not have a case against the governmental agency, as they can argue that they did not have sufficient time to fix the defect.
If, on the other hand, the agency received numerous complaints about the pothole over a period of time and they still failed to act, you have a very good chance of recovering damages with the help of a Texas car accident attorney.
Filing a Claim against the Government
Normally, in the event of a car accident, you are allowed to file a claim within a period of two years. If you are planning to sue a governmental agency, on the other hand, you are required to file a claim within a period of six months. Apart from this, you are also required to send a notice of claim to the agency prior to filing a claim.
This is why it is extremely important to contact a Texas car accident attorney as soon as you can after a pothole-related accident, as any delay on your part might cause you to miss the deadline.
Choose the Right Texas Car Accident Attorney to Fight For You
At Kirk Law Firm, we know that road defect related accidents can cause serious injuries and extensive property damage. Headed by Dana G. Kirk – who is one of the most successful personal injury lawyers in the country today and is a member of the exclusive Multi-Million Dollar Advocates Forum – our firm is fully committed to fighting for the rights of Texans who are injured as a result of the government’s negligence.
If you have been injured in a pothole-related accident and are wondering if you have a case, drop us a message online to set up a free consultation.