Written by: The Benton Law Firm Last Updated : November 28, 2022

Dallas Road Defects Attorneys

Poor road quality causes thousands of accidents annually on U.S. roads and highways. Both state and federal laws mandate that cities, towns, and counties must keep roadways safe. Unfortunately, municipal entities might not have the budget, resources, or interest in maintaining all roads that you travel, and safety is not always a guarantee. Road defects cause accidents that often result in severe injuries and can prove to be fatal. At The Benton Law Firm, our attorneys understand the pain, financial strain, and emotional anguish that a serious injury accident can cause. Our Dallas road defects attorneys are prepared to help you receive the full and fair compensation that you’re owed.

Why Do I Need a Dallas Road Defects Attorney?

Following a road defect accident, you may be struggling with serious injuries, costly medical expenses, physical therapy, emotional distress, lost wages, and more. But you don’t have to face these challenges alone. A reputable and knowledgeable Dallas road defects attorney can help you recuperate your losses and move forward without a heavy financial burden.

Individuals that attempt to pursue a case without the help of a lawyer receive far less than those that retain an attorney. And filing a claim against a government body can be very confusing and overwhelming.

At The Benton Law Firm, we know the law like the back of our hands. We understand what it takes to secure the full compensation you’re owed. We have the resources, through our extensive network of professional investigators, medical experts, accident reconstructionists and others, to look at your case from every angle and get a settlement or a verdict that will reimburse you for your losses and ensure that you don’t have to pay out of pocket for any costs associated with the accident in the future.

The Benton Law Firm offers a free consultation. We’ll review the details of your case, and answer any questions you have. Then, if you hire us to represent you, we can start building a convincing case on your behalf.

Common Road Defects that Cause Accidents

Faulty roadway conditions can cause serious car accidents, so it is important to be aware of dangerous defects. It is best to avoid roadways with such conditions if possible, though they are too often unavoidable for drivers. Some common roadway defects that could put drivers in danger include:

  • Damaged or missing guardrails
  • Bridges with incorrect markings or overhead heights
  • Iced bridges or roads that are not properly salted or plowed during the winter
  • Potholes and other similar pavement issues
  • Landscaping that obstructs the vision of the driver
  • Lack of lighting, traffic lights, signs, or road markings
  • Uneven shoulders and blind curves

Whatever the cause of your roadway defect accident, The Benton Law Firm can help you win a fair settlement.

Common Roadway Defects Accident Injuries

Unfortunately, roadway defect accidents can cause catastrophic and life-changing injuries. It’s imperative that following your accident, you immediately seek medical help. A thorough examination from a medical professional can not only help ensure your safety, especially since some injuries don’t appear right away, it can also provide evidence that can be important to your case.

Some of the most common roadway defects accident injuries include, but are not limited to, the following:

  • Head injuries, including traumatic brain injuries
  • Neck injuries
  • Back injuries
  • Spine and spinal cord injuries
  • Internal organ injuries
  • Broken bones and fractures
  • Cuts and lacerations
  • Internal bleeding

Roadway defect accidents can cause a lot more than just physical pain. Many times, victims are left with post-traumatic stress disorder and emotional trauma that can take a long time to heal.

Steps to Take After an Accident Caused by Roadway Defects

If you feel that a road defect was the cause of your accident, there are steps necessary to follow in order to pursue a claim. These steps include:

  1. Make sure everyone is unharmed. If anyone involved appears to be injured, you should immediately call emergency responders. Treat this type of accident as you would any other traffic accident. Police will create an accident report, which you will need if you intend to make a claim.
  2. Take photos of the scene, damage, and any possible road hazards you see. You should also be sure that the officer creating the accident report takes note of any road defects. If any witnesses are at the scene, speak with them and ask if they have witnessed a similar accident on the same road before.
  3. Contact your insurance company, as you will need to report the accident to your provider. Even if the accident only involves your vehicle, your insurance company will likely provide coverage.
  4. Pursue a claim with the help of an attorney. Claims against government agencies are difficult to navigate, so an experienced lawyer will be helpful to you, especially in identifying the responsible party.

Following these steps will be helpful to you, though sometimes victims are severely injured and unable to do so. In any case, our legal team at The Benton Law Firm is prepared to help you.

Proving Liability in a Road Defects Case

Proving that another party’s negligence caused your accident can be challenging. While a government entity will be responsible in most road defects injury cases, some cases may also find construction companies, road maintenance workers, or other drivers at fault.

Whatever the circumstance with your case, you have to prove negligence in four separate areas:

  1. Duty: This one’s the easiest step. You first have to verify that the task of keeping up with the roadway was under a specific person or government entity. Generally, in Texas, if you are driving on a public road, then the duty of road care is not up to you.
  2. Breach of duty: Next, you have to prove that the duty of maintaining safety was breached. This means showing that the negligent party was, or should have been, aware of the hazard, and took insufficient steps in addressing the problem.
  3. Causation: Following that, you have to prove that the breach of duty directly caused your accident and your injuries.
  4. Harm: Lastly, you have to be able to clearly show the damage that was done, whether that was to your vehicle or your person. This is where documenting all evidence of medical expenses, doctor’s opinions, and car repair history will be crucial.

It’s essential to be aware that the other party might claim that you were at fault in some way. However, as long as you are less than 50% at fault in the accident, you can still receive compensation. Texas is a modified comparative fault state. That means that your percentage of fault will modify the damages you may be entitled to receive.

How Long Do I Have to File a Claim?

In the state of Texas, you have in the majority of cases exactly two years from the day of the incident to file a claim. However, when filing a claim against a government entity –  you only have six months. Furthermore, before you can file the claim, you are required to give notice to the government entity that you will be filing against them.

Filing any kind of claim can be confusing, but building a case against the government is even more complicated. It’s vital that you contact a knowledgeable road defects lawyer that can help you every step of the way and ensure that you get the compensation you deserve.

Contact a Road Defects Attorney in Dallas

Accidents caused by road defects can cause severe injuries, extensive property damage, and significant financial stress and strain. At The Benton Law Firm, our lawyers take road defect accidents seriously, and we know how to make sure that the responsible party is held accountable. We have the skills, resources, and experience necessary to take on city, state, or federal entities and get you the compensation you’re owed. To get started on your claim, call the Dallas road defects attorneys at (214) 777-7777.


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