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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

Texas injury lawyerSH 71 and Pedernales Summit Parkway has been a problem for drivers for quite some time, with several accidents being reported at that specific intersection, and all of them being of the same character. Whenever the weather is inclement, hydroplaning is reported, with multiple crashes occasionally being observed on the same day. On the morning of February 22, work began on SH 71 at Pedernales Summit Parkway to remove the top layer of pavement to increase traction on the road. While the work should cut down on accidents, it can also help shield TXDOT and the municipality of Austin or Del Valle (depending on the agency working on the road) from potential negligence liability.

Personal Injury and Negligence

Car accident cases are most often brought under a legal theory of negligence, alleging that the poor conduct of another - most commonly, the other driver involved in an accident - was the direct cause of your injuries. In order to show that an accident was due to someone’s negligence, you must be able to show four criteria. They are: 1) the existence of a duty of care between plaintiff and defendant; 2) an evident breach of this duty; 3) a showing that your injuries were caused directly by the defendant’s actions, and 4) proof of tangible injury (in other words, injuries that would require medical attention to address).

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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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