Can You Sue the City of Odessa for a Car Crash Caused by Bad Roads?

Have you been in a car crash due to bad roads in Odessa? Are you wondering if you can hold the city responsible for your injuries and damages?  While it is possible to sue the city for a car crash caused by bad roads, the process is not a simple one. The right legal representation can be a critical factor.

Since 1984, the personal injury team at Fadduol, Cluff, Hardy & Conaway P.C. has stood for the rights of injured individuals by holding negligent individuals or entities accountable for damages. An Odessa car crash lawyer can demonstrate how the city’s failure to maintain safe roads was responsible for your injuries. 

Government Liability in Accidents

Cities and government entities in Texas have special rules that apply to legal claims. According to the Texas Tort Claims Act, government entities are immune from lawsuits under “sovereign immunity.” 

However, while sovereign immunity limits most lawsuits against the government, it does not prohibit all legal actions. In cases of negligence, such as poor road conditions, it may be possible to sue the city for personal injury. The law holds the municipalities in Texas liable for injuries and damages associated with the functions under their jurisdiction. 

However, TTCA claims are subject to certain limitations:

• Maximum payout for bodily injury or death: $500,000 per incident
• Maximum payout for property damage: $100,000 per incident
• Maximum payout per person: $250,000

There are also strict procedures and legal standards that must be met before you can move forward with a lawsuit, including a pre-suit notice. This notice of claim must be filed within 180 days of the accident, which is a much shorter timeframe than for taking legal action against a private party. 

Proving Negligence in Road Maintenance

If you’ve been in a car crash caused by bad road conditions, such as potholes, cracks, or a lack of proper signage, you may be able to file a claim against the city. To succeed in such a claim, you’ll need to prove that the city was negligent in maintaining the roads and that the negligence caused your injuries.

For example, if a pothole caused your car accident, you need to demonstrate that the city knew or should have known of the road’s defect and failed to fix it in a reasonable amount of time. You must also show that this negligence directly contributed to the car crash. A car crash lawyer can help gather and present this evidence in a way that strengthens your case.

Notice of Claim: A Texas Government Tort Claim

The overall statute of limitations for your claim is two years, which is the same as other car accident claims in Texas. However, as mentioned, you must file a notice of claim within 180 days to preserve your right to pursue a lawsuit.  This is a notice to the city that you sustained injuries and intend to seek compensation, reasonably outlining the following:

• The nature of the accident
• Date of the incident
• Place of the incident
• The damages or injuries you suffered

After submitting the intent to sue notice, you will have to wait for the city of Odessa to respond to your claim. Usually, they will investigate the claim and determine whether they accept responsibility. If they agree, you’ll get paid for the claimed damages.  However, if they deny the claim, you may proceed with a lawsuit in court. Make sure to contact an attorney as soon as possible after an accident to ensure you meet all deadlines and protect your right to compensation.

Consult a Car Crash Odessa lawyer Today

While it is possible to sue the city of Odessa for a car crash caused by bad roads, you should work with an attorney to manage the legal requirements of filing a claim against the government in Texas. The personal injury team at Fadduol, Cluff, Hardy & Conaway P.C. will guide you through the notice of claim process, help you gather evidence, and ensure your case is filed on time. Call 800-433-2408 to schedule a free consultation.