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TX crash lawyerHilliard Road in Hays County is a fairly commonly used thoroughfare, hitting Lime Kiln Road just a few miles north of San Marcos. To help with the increasing traffic level on Hilliard, the county installed approximately 150 Botts’ dots, which are small ceramic button-like discs ostensibly intended to slow speeds. However, residents have found that the dots are coming loose, causing damage to cars and nearby homes. What many do not realize is that in situations like this, you may be able to sue either the city or the contractor who installed the dots, and try to recover for any medical expenses or property damages you might have incurred after being struck by a flying disc.

Poorly Maintained Roads Cause Damage

Texas is a very large state, and its roads require constant upkeep. Average wear and tear is something that every driver accepts as part of using Texas roads, but when something out of the ordinary happens, drivers should know that they have options to seek redress. The Bureau of Transportation Statistics estimates that almost 40 percent of Texas roads are in poor or mediocre condition. If a road is in poor repair, in theory, it means that the governmental entity in charge of its maintenance is not doing its job.

In order to hold a governmental entity responsible for an accident caused by poor road maintenance, a driver must be able to show that the entity (in Texas, most often it will be the Texas Department of Transportation [TxDOT]) either knew, or should have known of the dangerous condition, and they failed to remedy it. The law generally holds that the government must keep roads reasonably safe, though ‘reasonable’ is a subjective term.

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TX accident lawyerCommuters on westbound I-90 experienced a very unusual phenomenon on April 23; a road collapse resulting from a failed sewer pipe close to Hunt Lane. The main lanes were closed for three days. As of this writing, no injuries or deaths were reported in the collapse, but it is worth mentioning that had there been, those injured might have had a difficult time bringing suit to try and recover for their injuries. If you are injured in an accident resulting from poorly maintained or dangerous roads, there are very specific times when an injured person can sue a governmental entity.

Sovereign Immunity May Apply

Whenever the government is implicated in a personal injury lawsuit, a principle called sovereign immunity is implicated. Sovereign immunity is a principle dating back to English common law (on which U.S. law is based) that basically holds the government - or at that time, the sovereign - immune from being sued, because their attention should be on the enforcement of laws and running the government, rather than defending itself from every perceived grievance. As many other states do, Texas has its own sovereign immunity statute, called the Texas Tort Claims Act (TTCA).

Sovereign immunity was absolute back in England - this is not the case in the U.S. nowadays, and definitely not in Texas. The TTCA has specific exceptions to sovereign immunity, meaning that it illustrates situations where the doctrine does not apply and an individual can bring suit against governmental entities - thus, for example, if someone were injured due to the sewer pipe’s collapse underneath I-90, they might sue the Texas Department of Transportation (TxDOT) for their injuries, if the specifics of the situation fit the TTCA’s criteria.

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Posted on in Car Wrecks

new traffic signal, car wreck, New Braunfels personal injury attorneyLocal residents claim a serious car crash would not have taken place had Bexar County followed through on its commitment to erect a traffic signal at a dangerous intersection on the Northwest Side.

The latest crash at the intersection of Blanco Road (F.M. 2696) and Slumber Pass killed one person and sent two others to the hospital. The male driver of one car was killed and two female passengers in the other car were injured. About a year ago, the county earmarked nearly $145,000 to put up a signal and hired a contractor to do so, but construction has yet to begin. The Bexar County Director of Public Works stated that “a year doesn’t sound like it’s quick, but it takes that long to get equipment sometimes.” The DPW added that the driver was allegedly speeding and serving and so a traffic signal would not have prevented the crash.

The county says the signal is expected to be installed in the next two weeks and to be functional by mid-December.

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The sooner you call, the sooner we can build your case, secure evidence and get maximum compensation for your injuries.

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