The Villa Coronado Homeowners’ Association and other citizen’s groups may finally get some of the safety improvements to Roosevelt Avenue that they have been seeking, since the passage of a 2017-2022 bond earmarked for the area. The stretch between the Loop (I-410) and I-10 has historically played host to significant numbers of fatalities, and those who live and work in the area have cited these statistics as reason to improve the road. As of this writing, a pedestrian mobility project is in the works, and other improvements will follow – but it is still wise to use caution in walking and driving around this area, as accidents can and do occur.
City May Be Liable
If you are involved in an automobile accident, even as a pedestrian, it is sometimes true that the cause of the accident can be linked to problems with the road or its surrounding conditions. Texas has a problem with poorly maintained roads – statistics estimate that only around 33 percent are in good condition, with the majority being in fair condition and roughly 15 percent in poor condition. San Antonio specifically only has around 20 percent of its roads in good condition. Poor conditions can mean anything from an uneven driving surface to poor lighting and can cause significant damage to a vehicle.
In addition, some roads and intersections are simply designed poorly from inception. For example, roads which curve in a certain way so as to create blind spots for drivers turning a corner can be argued to have been designed poorly, and thus be dangerous, even if they are kept in pristine condition. It can be argued that Roosevelt Road was designed poorly, or at least the stretch between I-10 and Loop I-410, given the frequency of accidents and fatalities that occur in the area.
In theory, in most accident cases, if you can show that the conditions were the direct cause of your accident – that is, but for the poor road conditions, your crash would not have happened – you have a good chance of prevailing on a liability claim. However, it can be extremely difficult to actually establish that fact. The city or company responsible for maintaining the road cannot address all problems immediately; if they can show, for example, that any delay in correcting the problem was reasonable, your case would likely not succeed.
Keep in mind that to be able to bring suit against a governmental entity that oversees a road, you must ensure that they can be sued in the first place. Texas observes a doctrine called sovereign immunity, which establishes that the government and its agencies cannot be sued for ordinary reasons. The Texas Tort Claims Act waives sovereign immunity for certain specific cases – for example, most motor vehicle accidents – but you must be certain that your proposed claim falls under the exception.
Contact A New Braunfels Auto Accident Lawyer
While only time will tell as to the success of the Roosevelt Road improvements, we can still help those who have been injured due to bad road design or poor conditions. The dedicated New Braunfels auto accident lawyers at the Bettersworth Law Firm understand that after an accident, your focus should be on recovery, not paperwork. We will fight for you. Call us today at 888-392-0039 to schedule a free consultation.