Potholes can be an annoyance when they occur in our city and suburban streets, to be sure. They routinely cause damage to vehicles, costing drivers millions of dollars in repairs annually across the nation. However, large potholes can also be extremely dangerous, especially when they occur on highways, freeways, and rural roads with higher speed limits. Catastrophic and even deadly car accidents can result from such potholes, leaving victims and their families wondering who is to be held responsible.
Any auto accident involving a poorly maintained road is bound to be complex, especially as it almost certainly will bring a government agency into play. In the state of Texas, government entities can be held liable for damages related to auto accidents caused by road defects such as potholes, but certain criteria must be met. It takes a skilled personal injury attorney to pursue, let alone successfully handle, an auto accident claim against a government entity. In most cases, government entities can easily claim immunity from lawsuits.
When it comes to litigating claims involving auto accidents and potholes, Austin, TX personal injury attorney Luke Dow has the skills, experience, knowledge, and resources to handle even the most complex cases successfully. He has been representing clients in auto accident cases since 1997 and is one of the rare attorneys to be certified in personal injury trial law by the Texas Board of Legal Specialization. He knows local, state, and federal laws pertaining to auto accidents intimately well and will use this knowledge to fight for your rights as an injured victim.
To arrange for an evaluation of your auto accident case, please contact Luke Dow Law Firm today.
Criteria for Taking Legal Action against Government Entities in Auto Accident Cases
There are a limited number of road conditions for which the state may be held liable in case of an auto accident. Potholes qualify as a hazardous road condition for which the state may be held liable. This means that if a pothole causes a driver to have an auto accident, and the driver or any passengers are injured as a result of such an accident, the state may be named as the defendant in a premises liability claim. However, for the claim to be successful, the litigating attorney must be able to prove that:
- The pothole was foreseeable by the government entity responsible for maintaining the road.
- The government entity knew about the pothole but failed to repair the road in a timely manner.
- The government entity did not provide motorists of any warning of the pothole.
- As a result of the failure of the government entity to address this known road hazard, an accident occurred that caused an injury.
- The injured party could not have anticipated and therefore avoided the pothole.
Our personal injury attorney is able to build the strongest case possible if all of these elements are present, making sure that the state compensates our client appropriately for his or her losses and expenses.
Arrange for Your Auto Accident Case Evaluation Today
To arrange for your auto accident case evaluation, please contact Luke Dow Law Firm today.