Representing the Rights of Injured Individuals Law Offices of Ronald A. Ramos
Law Offices of Ronald A. Ramos

Safety Report: Texas Highway Guardrails Not Routinely Inspected

According to KHOU.com a safety expert has stated that the guardrails on Texas roadways are not regularly inspected. Only the guardrails that are related to bridges are checked at least once every two years, and even in the case of those inspections, the safety check is not comprehensive. Further, the Texas Department of Transportation does not make their safety inspection reports public, so there is a lack of transparency for drivers who want to know about the safety features of a specific roadway. The government has an obligation to provide motorists with reasonably safe roadways and an obligation to provide reasonable road maintenance. If you have been injured in a car accident, and you believe that negligent road maintenance was a partial cause of your injuries, contact an experienced San Antonio car accident attorney.

Can You Sue a Government Entity for Poor Road Maintenance?

Many different levels of the government are responsible for road maintenance. This includes the federal government, the state of Texas and local counties and cities. Oftentimes the burden is shared in many different directions and different agencies are responsible for separate types of highway maintenance. Almost all government agencies have what is known as ‘sovereign’ or ‘governmental’ immunity, broadly this means that you are not able to sue them. But, this immunity is waived in specific situations. Oftentimes negligence in maintaining a roadway is one of those situations. Though, you may only be able to sue in a very narrow way. An example of this would be a requirement that highway negligence must rise to the level of gross negligence to recover damages. Determining when, where and how you can sue a government agency is very complicated, contact an experienced auto collision attorney to learn more about how this applies to your case.

Proving Negligence in a Road Maintenance Case

Proving negligence requires showing that the agency could and should have known of the unreasonable safety risk caused by the poor road maintenance. As an example, if a tree falls in the highway during a storm one night, and then ten minutes later that fallen tree causes an accident, that would not be a case of negligent road maintenance. Highway authorities could not have reasonably responded quickly enough to prevent that accident. However, if a tree falls in the highway during a storm and it is reported the authorities by a dozen different motorists, and the authorities do nothing about it for an entire week, and then it causes an accident, that would be a different story. In that case, you could potentially have a successful negligent road maintenance lawsuit. The important factor is whether or not the highway authorities knew or should have known about the safety risk, and then could have eliminated the safety risk by taking reasonable precautions.

Contact An Experienced San Antonio Car Accident Attorney

The government has a responsibility to maintain reasonably safe roadways. If you were injured in a Texas car accident, and a poorly maintained roadway was a contributing factor you may be entitled to substantial compensation. At the Law Offices of Ronald A. Ramos, we have extensive experience handling complex car accident cases. Contact our office today for a free consultation.

Client Reviews
★★★★★
I was in a minor car accident when I first moved to San Antonio. I wasn’t sure if I needed a lawyer but I eventually contacted theLaw Offices of Ronald A. Ramos, P.C. and I’m glad I did. I highly recommend this firm!
★★★★★
Mr. Ramos (Law Offices of Ronald A. Ramos, P.C.) and his staff were GREAT!! I went to their office after a major car accident, and I was not getting anywhere with the insurance company, He and his staff helped me [get] way more than what I was offered by the insurance company its self. N.G. - Online Review
★★★★★
The people at the Law Offices of Ronald A. Ramos, P.C. couldn’t have been any more helpful. Their friendly service team has so much knowledge to offer when it comes to seeking legal advice in a variety of different subjects. They come highly recommended if anyone is looking for any sort of help! M.C. - Online Review
★★★★★
Mr. Ramos has secured a spot as one of the best trial attorneys in San Antonio. His extensive knowledge of the law, ability to connect with jurors, and his admirable reputation among both judges and attorneys make him an absolute asset to the legal community. If you have the opportunity to retain him as legal counsel, consider it a huge privilege. Daniel J. Palmer - Lawyer in San Antonio, TX
★★★★★
Mr. Ramos and his staff are very diligent and effective in litigating personal injury claims and other torts. His representation of clients have resulted in successful outcomes. I myself will refer any cases that will require litigation and a greater expertise. Jesus Vargas - San Antonio, TX Attorney