Who Pays?
You’re driving on I-35 or I-30 when – wham – you feel a hard jolt as your vehicle nose dives into a deep hole in the pavement. If you’re lucky, hitting a pothole only knocks your car or truck out of alignment.
But swerving to avoid holes and blown out tires have sent vehicles careening out of control resulting in serious accidents. And motorcyclists and bicycle riders have been thrown off their bikes after hitting them.
A few potholes are inevitable after an icy winter. But local Department of Transportation officials blame our heavy rain — you may remember that last year set a new record – and the need to wait for dry weather to patch up the pavement cracks and holes.
Crumbling DFW roadways are causing dangerous driving conditions for motorists.
Suing the City or State
The AAA estimates that 15 percent of drivers nationwide need to repair their cars after hitting potholes every year and that overall, costs arising from roadway problems equal a whopping $3 billion a year. And the Dallas pothole problem is likely to grow bigger. In February, officials announced that a $1 billion bond package earmarked for road repairs will likely be delayed.
There is no dispute that the state and municipal governments are responsible for upkeep and repair of the roadways under their control. Unfortunately, getting the government to pay for its negligence is difficult.
Pothole damage is one of the most frequent complaints made to TxDOT, yet officials say the agency is usually not liable for damages.
State and local laws severely limit reimbursement for roadway damage and accident injury claims. The obstacles set out in the Texas Tort Claim Act are formidable. In addition, the process of notifying the government, filing a lawsuit, and obtaining a judgment in court is different than for suing an individual or a corporation.
We at the Berenson Law Firm can assess whether you have a viable claim against the government if you have been involved in a car accident due to defective roads.
Related posts:
DFW’s Dangerous Intersections Must Be Fixed