Hilliard 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....