Can I Sue the Government If I Was Injured by a Pothole?

Potholes are more than just inconveniences for drivers. They are dangerous roadway defects that have caused thousands of car accidents, property damage, and personal injuries in the State of Texas. Potholes can cause tire blowouts, loss of vehicle control, and vehicle rollovers. You may think you have no one to blame for a pothole-related accident, but this is not true. You may be able to bring a claim against the entity responsible for the pothole – the city or state.

Texas Tort Claims Act

The City of Houston is responsible for searching for defects and repairing the roadways within the city. Like other property owners within the city, it has a duty to repair known hazards, search for unknown ones, and warn roadway users of existing hazards not yet repaired. If the city knew, or reasonably should have known, about a dangerous pothole on a public road or highway, and failed to make repairs, it may be liable for subsequent accidents the pothole causes.

The Texas Tort Claims Act is a civil law that states when a governmental entity is liable for wrongdoing within the state. Prior to the Tort Claims Act, the government enjoyed sovereign immunity from most civil lawsuits. Now, however, citizens have the right to sue a government body or employee for personal injury accidents. The government may face liability for property damage, personal injury, and death that the negligence, omission, or wrongful act of a government employee or unit causes.

Pothole-related accidents may qualify as wrongdoings if the government body in charge of maintaining the roadways reasonably should have known about the defect and taken steps to prevent related accidents. There are steps a city must take to ensure the safety of its public roadways. This includes hiring maintenance crews, inspecting roads, and responding to driver complaints. Evidence of the city’s failure to fulfill these duties, contributing to a crash or injuries to a bicyclist or pedestrian, could result in city liability.

How to Sue for a Pothole-Related Accident

Pursuing a claim against the government follow different rules than typical car accident claims. Injured parties should pursue a claim against the City of Houston, or another governmental entity, with help from an attorney. An attorney can help you understand the provisions of the Texas Tort Claims Act, and file your claim within the proper time limits. An injured party typically has just six months from the date of the incident to file a Notice to the State of Texas. You have 90 days for an action against the City of Houston and/or Harris County.

Texas caps the amount of damages an individual can receive in a government lawsuit. The maximum amount of recovery a person can receive in a lawsuit against the State of Texas is $250,000 per person, $500,000 for bodily injury, and $100,000 for property damage. The City of Houston has the same minimums, but Harris County makes a unit of local government liable for maximums of $100,000 per person, $300,000 for bodily injury, and $100,000 for property damage. For more information about complex claims against the government for roadway defects, speak to a personal injury lawyer near you.