Dangerous Road Conditions
Last Updated : December 9, 2021

Beaumont Dangerous Road Condition Accident Lawyers

Were you the victim of a car accident due to the dangerous conditions of the road? If so, you might be entitled to compensation from the negligent party. The Beaumont car accident lawyers at Portner Bond, PLLC have over 70 years of combined legal experience helping our clients recover physically, emotionally, and financially. We know the uphill battle you face and will stay by your side from start to finish of your case.

Dangerous road conditions are a common problem in Texas and throughout the country. Everything from potholes and cracked pavement to missing road signs and malfunctioning traffic signals is a hazard that can cause a severe car accident. Holding government entities liable for the harm they caused can be a complicated process. At Portner Bond, PLLC, our Beaumont dangerous road condition accident lawyers are ready to fight hard for the justice and compensation you deserve.

To find out more about how we can help after your dangerous road condition accident, call us at (409) 838-4444 for a free consultation.

Common Road Conditions that Can Lead to Accidents

The most common dangerous road conditions include:

Poor design or construction – Errors made during the design or construction of a roadway can lead to hazardous conditions for the occupants of vehicles.  The dangerous road condition accident lawyers at Portner Bond, PLLC can review documentation to determine who was responsible for those plans and even discover if any of the materials used during construction were defective.

Examples of poor design or construction include:

  • Poor lighting
  • Short ramp
  • Sharp curve
  • Missing guardrails
  • Obstructed views
  • Narrow lanes
  • Small or missing shoulder

Inadequate maintenance and repairs – If there’s damage on a road, the company responsible for making repairs should repair it promptly. They should also remove hazards that could obstruct a driver’s path. Various defects could cause someone to lose control of their vehicle and get into an accident with other motorists.

The most common examples of defects from inadequate maintenance include:

  • Faded paint
  • Debris, such as tree branches, in the road
  • Potholes
  • Cracked pavement
  • Structural damage, such as a bridge
  • Overgrown trees and shrubs blocking signs
  • Uneven surface

Inadequate traffic signs and signals – Drivers need signs and signals to know where they’re going when they have to yield to others, and if there’s a hazard up ahead. Without working stoplights and warning signs, there aren’t any obvious rules for people to follow. The risk of an accident increases tremendously because no one knows which traffic laws they should observe.

Construction sites – When construction is happening on or near a road, it can cause traffic congestion and lead to severe accidents. With fewer lanes for drivers to travel on and large machinery, concrete barriers, and traffic cones serving as distractions, there are more obstacles to navigate around. Construction workers are supposed to place warning signs near the area so motorists know of the dangers they could encounter. If they don’t provide adequate warning, motorists and their passengers can get hurt.

Determining the factors that caused your car accident and who should be held liable is one of the most important steps in pursuing a case for your injuries and damages. You will not have to do this alone. Portner Bond, PLLC will perform a thorough investigation of the crash and build a strong case to prove someone else was at fault for your injuries.

You Can Start Working on Your Case at the Accident Scene

After you get hurt in a car crash, there can be overwhelming feelings of anxiety, fear, and confusion. You might be in shock and unsure of how to handle what just happened to you. If you don’t take the necessary steps to protect your rights, you could end up with much less compensation than you deserve, or none at all.

Follow these steps to ensure you can hold the at-fault party liable and recover the financial award you need to pay for your losses:

Step 1 – Report the crash to local law enforcement. Texas law requires anyone involved in an accident to report it if there are injuries, fatalities, or over $1,000 in property damage. If you call 911 and an officer arrives at the scene to investigate, they will write a traffic crash report and submit it to the Texas Department of Transportation on your behalf.

Step 2 – Move to a safe area. If your injuries are too severe to go anywhere, remain in your vehicle until emergency medical services show up at the crash site.

Step 3 – If you can move around, exchange auto insurance information with all drivers involved. Even if a dangerous road condition ultimately led to the accident, you might be able to hold individuals liable if they behaved carelessly behind the wheel.

Step 4 – Take pictures of the hazards. If there is a pothole, obstructed road sign, broken streetlight, or other types of dangerous condition, take photos of it to use as evidence.

Step 5 – Talk to people who witnessed the crash. Write down their names and phone numbers so they can provide witness statements during your case if necessary.

Step 6 – Go to the hospital for an initial evaluation of your injuries. Follow up with all medical providers the doctor refers you to until you recover completely.

Step 7 – Remember and write down the exact location of the accident. Portner Bond, PLLC will promptly investigate to determine the dangerous condition that led to the crash. If you could not take pictures, we will take pictures for you, so there’s sufficient evidence proving a defect.

Step 8 – Maintain a copy of every document. Keep receipts from your doctor, prescribed medications, letters from the auto insurance company, and anything else related to your car crash.

Step 9 – Bring your vehicle to a repair shop for an estimated cost of the damage.

Step 10 – Seek legal representation right away, at the start of your case. The sooner your Beaumont dangerous road condition accident lawyer begins working on your case, the sooner you will receive compensation. We will need to gather as much evidence as possible, and some things get lost or destroyed over time. To prevent that from happening, it’s best if we can start our investigation immediately.

Suing the Government for Compensation

Government entities typically have immunity from liability for any harm caused by their governmental units and employees. However, Texas instituted the Texas Tort Claims Act in 1969 to waive the immunity in specific situations.

According to the act, a governmental unit is any organization or government agency at the state or local level, such as:

  • State agencies
  • Bureaus
  • Departments
  • Commissions
  • Offices
  • Boards
  • Agencies
  • Courts
  • Councils

And a political subdivision of the state, such as:

  • School district
  • City
  • Junior college district
  • County
  • Drainage district
  • Levee improvement
  • Irrigation district

Entities and employees can be held liable for the following categories of injuries:

  • Car crash or motor-driven equipment accident; and
  • Personal injury or fatality resulting from the state of or use of real or personal property.

However, the state can only be liable for the victim’s injuries if its employee was performing their job duties at the time of the accident, and if they would be found liable as a private individual.

If you want to file a lawsuit against the entity that caused the dangerous road conditions, you must comply with the strict deadline known as a statute of limitations. In Texas, the statute of limitations is two years. That means you have two years from the accident date to sue.

Unlike lawsuits against private citizens, suing the government also comes with a small timeframe to notify the entity you plan to sue. You must file a notice of claim within six months from the crash date. On the notice, you should include a description of your injuries, when the incident took place, and a description of what happened.

Damages Available After a Car Accident

Whether you choose to file an insurance claim or a lawsuit, you could seek a range of damages. Damages refer to the total losses suffered as a result of an accident. They fall under two main subcategories: economic and non-economic.

Economic damages are actual expenses, such as:

  • Medical bills
  • Lost wages
  • Lost earning capacity
  • Property damage
  • Out of pocket costs

Noneconomic damages refer to the physical and emotional losses that are difficult to quantify and monetize, such as:

  • Pain and suffering
  • Permanent impairment or disfigurement
  • Emotional distress
  • Diminished quality of life
  • Loss of companionship or consortium

At Portner Bond, PLLC, our Beaumont dangerous road condition accident lawyers know how to review someone’s damages and ensure they receive adequate compensation. You should not have to pay for any medical bills, car repairs, or other expenses associated with the crash. The at-fault party should be financially responsible for all the damages you incurred.

The state of Texas is a “proportionate responsibility” state.  This means that if you contributed to your own accident, your recovery amount could be reduced by the percentage of your culpability.  However, the lawyers at Portner Bond, PLLC will work diligently to be sure you receive all the compensation you deserve after your accident.

Speak to an Experienced Beaumont Personal Injury Lawyer Today

We dedicate our time and focus to each client that hires us. We won’t treat you like a number in a long list of clients. You will feel like a priority right to the very end of your case. Our legal team is available 24/7 to answer your questions and provide the guidance and support you need during this stressful time in your life.

Portner Bond, PLLC is ready to take on your case and work hard to reach a favorable outcome. Call us at (409) 838-4444 if you were the victim of a car accident due to hazardous roadways. One of our Beaumont dangerous road condition accident lawyers will be happy to meet with you for a free consultation.