Protecting Your Rights After an Accident Caused by Poor Road Conditions

Holding the Government Accountable for Negligence

Even the best drivers can find it difficult to control their vehicles on poorly maintained roads. Potholes, uneven surfaces, and debris on the road are all dangerous conditions that can lead to serious motor vehicle accidents. You deserve compensation for these injuries, even if the faulty condition of the road is the primary cause of the crash.

Local and state government entities predominantly own Texas roads. These entities are responsible for maintaining the roadways and ensuring they are in passable condition. However, they enjoy considerable latitude in carrying out this obligation. Obtaining damages from them for a car accident can be extremely difficult.

Turn to the Law Offices of Michael J. Gopin, PLLC. Your window for filing claims is extremely limited. Therefore, it is absolutely critical that you hire an attorney with experience successfully bringing these claims. Contact us today.

Basics of Texas Tort Claims Act

Any claim against government actors or entities must be filed under the Texas Tort Claims Act. This Act is a series of statutes that determines when you can file a claim against the following entities:

• The state government or any of its agencies
• A city government or agency
• A county government or agency
• Any employee of any city, county, or the state government

Strict compliance with these statutes and deadlines is essential. You only have six months or less after a car accident caused by poor road conditions to file your claim. This claim must provide enough detail about your accident so that the government entity can consider your claim.

Once received, the government entity will decide whether to pay or deny your claim. If the entity denies your claim, you can file a traditional negligence lawsuit with the courts. You would then need to prove that the government entity was careless in maintaining the road.

Leave nothing to chance when you need compensation following a traffic accident. If poor road conditions are to blame, expect an uphill battle for the compensation you deserve. The Law Offices of Michael J. Gopin, PLLC, are here to fight alongside you. Enlist us as part of your recovery team today.

Common Road Conditions that Can Lead to Compensation

Cities, counties, and even the State of Texas have limited resources. They cannot instantly fix every potentially dangerous road condition. Nonetheless, government agencies responsible for maintaining roads should be alert for:

• Potholes, especially large ones or numerous potholes close together
• Debris, such as downed power lines
• Trees or obstacles that block road signs
• Faint or missing lines and markings on the road
• Non-functioning traffic lights and signals

If you suspect any of these contributed to your El Paso car accident, try to photograph the condition while you are on the scene. Take down the names of any eyewitnesses who are present, and make sure to tell the police officer about the road condition.

Then, seek a skilled and experienced attorney to help you file your claim. The Law Offices of Michael J. Gopin, PLLC, can help you gather the evidence. Waiting can complicate your claim, so contact us today.

Frequently Asked Questions About Poor Road Condition Claims

The Law Offices of Michael J. Gopin, PLLC, has decades of experience helping injured Texans obtain the financial relief they deserve. Some common questions our firm has encountered include:

What Compensation Am I Entitled to in a Poor Road Condition Claim?

Your claim will typically seek compensation for your medical bills, ongoing healthcare expenses, property damage, and any lost wages you experienced. If you sustained emotional trauma or distress, you can often seek compensation for this harm, too.

How Soon Must I File a Claim Following My Accident?

How long you have to file a claim depends on the government entity responsible for maintaining the road. If it is the state government, you may have only six months from the date of your crash to file your claim. Some cities have even shorter timeframes.

What Happens if I Wait Too Long to File a Claim?

The Texas Tort Claims Act procedures must be strictly followed. Failing to file a claim within the allotted time, or not filing a claim at all, can be fatal to your chances of obtaining compensation. Do not take this risk — immediately retain the Law Offices of Michael J. Gopin, PLLC.