Can I Sue For Injuries Sustained In A Car Accident Caused By A Pothole In Texas?

Fort Worth Pothole Accident Lawyers

Potholes are more than just an inconvenience—they can cause serious car accidents and life-altering injuries. If you've been hurt in a crash caused by a pothole, you may wonder whether you can take legal action. The answer depends on several factors, including who is responsible for maintaining the road and whether negligence played a role in your accident.

The Fort Worth pothole accident lawyers at the Cain Firm understand the complexities of these cases and can help determine if you have a valid claim. Contact us today for a free consultation to discuss your legal options and pursue the compensation you deserve.

Frequently asked questions about pothole accidents in Texas

Can I sue for injuries sustained in a car accident caused by a pothole in Texas?
Who is responsible for maintaining roads and fixing potholes in Texas?
Do I need evidence to prove that a pothole caused my car accident and injuries?
How do I determine who is liable for the pothole that caused my accident?
What damages can I seek in a personal injury lawsuit related to a pothole car accident?

Can I sue for injuries sustained in a car accident caused by a pothole in Texas?

The answer depends on multiple factors, including liability and deadlines for filing a claim. In most cases, the government entity responsible for maintaining the road where the accident occurred may be held accountable. However, Texas follows a modified comparative negligence rule, meaning if you are found partially at fault for the crash, your compensation could be reduced accordingly.

Texas also has a statute of limitations for personal injury claims, typically two years from the accident date. Given these complexities, consulting with an experienced personal injury lawyer is crucial to determining your legal options and maximizing your potential compensation.

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Who is responsible for maintaining roads and fixing potholes in Texas?

Different government entities are responsible for maintaining roads in Texas. The Texas Department of Transportation (TxDOT) oversees state highways and interstates, while counties and cities handle local roads. These entities are required to inspect and repair roadways to prevent hazardous conditions like potholes.

However, liability depends on whether the government was aware of the pothole and had a reasonable opportunity to fix it. If a pothole was reported but not repaired in a timely manner, the government entity could be held accountable for accidents caused by the hazard.

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Do I need evidence to prove that a pothole caused my car accident and injuries?

Yes. To build a strong case, you need to collect evidence proving that the pothole directly caused your accident and injuries. Useful evidence includes:

Photographs of the pothole and your vehicle damage
Medical records documenting your injuries
Witness statements
Police reports

The burden of proof falls on the victim in personal injury claims. Strong evidence can support your case and increase your chances of obtaining compensation. Additionally, Texas' modified comparative fault system means that proving the pothole was the primary cause of your accident can help prevent a reduction in your compensation.

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How do I determine who is liable for the pothole that caused my accident?

Determining liability depends on who was responsible for maintaining the road where the pothole was located. Typically, this responsibility falls on government entities, but there are cases where private companies or contractors could also be liable.

If the government was aware of the pothole but failed to repair it, it could be held accountable. Similarly, if a private company created the hazard during construction or roadwork, they could be liable for resulting accidents. Investigating the circumstances of the pothole's formation and any prior complaints about it can help establish liability.

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What damages can I seek in a personal injury lawsuit related to a pothole car accident?

If you've been injured in a pothole-related accident, you may be eligible to seek compensation for:

Medical expenses: Emergency care, surgeries, rehabilitation, and ongoing treatments
Lost wages: Income lost due to your injuries, including reduced earning capacity
Property damage: Repairs or replacement of your damaged vehicle
Pain and suffering: Compensation for physical pain, emotional distress, and mental anguish
Loss of enjoyment of life: If your injuries prevent you from engaging in activities you once enjoyed
Punitive damages: In rare cases, punitive damages may be awarded to punish reckless negligence

Each case is unique, and the amount of compensation you may recover depends on the severity of your injuries, the strength of your evidence, and the liability of the responsible party.

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Contact the Cain Firm for help with your pothole accident claim

Holding a government entity accountable for a pothole accident can be a complex process, but you don’t have to handle it alone. The legal team at the Cain Firm has extensive experience navigating personal injury claims, including cases involving hazardous road conditions. We are committed to fighting for the compensation you deserve.

If you or a loved one has been injured in a car accident caused by a pothole, contact us today for a free consultation. Our Fort Worth pothole accident lawyers are ready to advocate for your rights and help you secure the financial recovery you need to move forward.