A crash on August 13 has highlighted the potentially dangerous situation on Cameron Road and US-183, as a family of four was hospitalized after a car struck them as they crossed. This is not the first accident in this area, as three KIPP Texas Public Schools occupy a short stretch of Cameron Road, but traffic is constant and often very fast. In this type of situation, it is possible that the community or other entity responsible for road zoning and maintenance might wind up being liable for someone’s injury.
Because so many schools are on Cameron Road, parents and school administrators have tried to lobby the city to mark the area as a school zone, so that drivers have some warning that pedestrians are common, as well as being required to lower their speed. However, the city has refused, stating that not enough children walk to class to warrant a school zone placement. They also point to the fact that the area is not zoned as residential. Yet the accidents keep happening.
It is possible in Texas to recover in civil court for injuries sustained due to poor road maintenance or oversight. However, it can be difficult to determine whether a governing entity (whichever agency maintains roads, such as a village board or the Department of Transportation) can actually be held liable or not, depending on the type of suit you choose to bring. You can bring suit under a theory of premises liability, or a theory of general negligence....