Pothole or Debris Caused Your Motorcycle Crash? Proving City Liability with a San Antonio Attorney

An unrepaired pothole on I-35 or Loop 13 in San Antonio TX can be damaging to motorists, but devastating to motorcyclists. Potholes, debris, and other road hazards can lead to serious crashes, leaving bikers with severe injuries and losses. Who pays the price for these life-changing incidents?

The San Antonio personal injury attorneys at Carabin Shaw have experience with crashes involving road hazards and help accident victims hold the responsible parties accountable for dangerous conditions. When government entities fail to maintain safe roads, we file claims to help our clients get the compensation they deserve. Our expert team is available 24/7 for free case reviews in English or Spanish at 1-800-862-1260.

Government entities, such as the City of San Antonio, are responsible for maintaining roads within their jurisdiction under the Texas Tort Claims Act. These entities must keep the roads reasonably safe by promptly repairing known hazards or providing proper warnings to motorists. If the government is negligent in this responsibility, it can be liable if a motorcyclist is injured in an accident caused by a road hazard.

While you can file a personal injury case against the city in some situations, the filing process is different with government agencies than with other parties. In Texas, accident victims have six months to file a formal notice of a claim against a government entity. If you miss this hard-and-fast deadline, you forfeit your right to file a lawsuit.

Once you file your formal notice, the Texas statute of limitations on personal injury cases is two years from the date of the notice. The sooner you employ the services of an experienced personal injury attorney, the more likely you are to get your case resolved within those limitations.

Strict deadlines are just the first challenge in bringing a claim against San Antonio. Other obstacles might include:

Proof of the Hazard
Immediate documentation of the hazard is crucial to demonstrate that it existed at the time of your accident. Road crews may hurry to fill a pothole after a crash, and construction teams may quickly clean up debris. Photos of the accident scene help your lawyer show that the hazard existed and caused your accident.

Proof of Negligence
In addition to proving the hazard existed, you must also show the city knew about the danger and had sufficient time to repair it. Your attorney may examine maintenance records, resident complaints, or other accident reports to establish negligence.

Discretionary Functions vs. Ministerial Duties
The government entity may claim immunity under the discretionary function exception, indicating that the repair was subject to budgetary allocations or road-maintenance priorities. In fact, the pothole likely falls under ministerial duties, which typically include road repairs as the city's responsibility.

Taking these steps immediately following your accident can impact your likelihood of recovering compensation from the responsible government entity:

• Seek immediate medical care for your injuries
• Take photos of the hazard and accident scene
• Get a copy of the police report if there is one
• Contact your insurance company
• Call a San Antonio motorcycle accident lawyer

Accidents involving road hazards and government entities can be complex and challenging to navigate without an experienced Texas lawyer to guide the way. Your legal team will immediately go to work investigating your case and gathering evidence to prove the hazard existed and caused your accident and injuries.

The team at Carabin Shaw has decades of experience handling accidents like yours, as our client reviews demonstrate. We offer our services on a contingency-fee basis, so you pay no money up front for our legal expertise. Let us handle the heavy lifting of your case so you can focus on recovering from your injuries and getting back to work.

A collision with a pothole can be devastating for a motorcyclist, physically, emotionally, and financially. Carabin Shaw can help you pursue damages for your injuries and losses. Call our law firm toll-free today at 1-800-862-1260.

For more information:

• https://statutes.capitol.texas.gov/Docs/CP/htm/CP.101.htm
• https://statutes.capitol.texas.gov/docs/cp/htm/cp.16.htm
• https://definitions.uslegal.com/d/discretionary-function/
• https://www.law.cornell.edu/wex/ministerial_act