Who May Be Liable When Unsafe Roads Lead to Serious Injuries

Accidents caused by road construction or poorly designed roads are unfortunately common in Texas. Whether it’s an unmarked detour, a pothole, or a confusing intersection, victims may suffer serious injuries or property damage. Understanding your rights and the legal framework for seeking compensation is critical.

In Texas, liability can involve governmental entities or private contractors, but the rules are nuanced. The Texas Tort Claims Act (TTCA) provides a limited waiver of governmental immunity, allowing certain claims—but not all—to move forward. Knowing which situations create liability and how to act promptly can make a major difference in recovering damages.

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When Government Agencies May Be Liable

Under Tex. Civ. Prac. & Rem. Code § 101.021, governmental entities can be held liable for personal injury or death caused by the condition or use of tangible personal or real property, but only if the entity would be liable in the same circumstances as a private person.

However, the TTCA does not waive immunity for discretionary decisions. Discretionary acts include:
  • Roadway design choices
  • Placement of signs, traffic lights, or barriers
  • Policy decisions regarding road safety measures
  • Courts have consistently held that these types of discretionary decisions are protected from liability.
Case law examples:
  • Siders v. State, 970 S.W.2d 189 – Roadway design decisions are discretionary; immunity applies.
  • City of League City v. Leblanc, 467 S.W.3d 616 – Policy-level safety decisions remain immune from claims.
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When Contractors or Agencies May Be Liable


Liability may still arise in non-discretionary acts, such as construction, maintenance, or failure to warn of dangerous conditions. Government contractors performing road work owe a duty of ordinary care to the traveling public.


  • Tex. Civ. Prac. & Rem. Code § 97.002 & § 302.104 outline contractor responsibilities and potential liability for creating hazardous conditions during road construction.
  • Contractors are generally not liable if they follow contract specifications and applicable standards.


Case law examples:

  • City of El Paso v. Lopez, 594 S.W.3d 715 – The city was held liable for failing to warn drivers of a dangerous unlit road ending at a concrete barrier.
  • Andrews v. Dallas, 580 S.W.2d 908 – Municipalities must exercise ordinary care in constructing and maintaining highways to ensure safe travel.
  • Siders v. State, 970 S.W.2d 189 – Clarified that construction or maintenance activities are non-discretionary and may create liability, unlike design decisions.



Steps to Protect Your Claim


If you are involved in an accident caused by road construction or poor road design in Texas, here’s what you should do:


  • Seek Immediate Medical Attention – Your health comes first, but documentation of injuries is crucial for any personal injury claim.
  • Document the Scene – Take photos or videos of road conditions, construction signs, barriers, and any hazards contributing to the accident.
  • Collect Witness Information – Eyewitness accounts can support your claim and help establish negligence.
  • Report the Accident – Notify law enforcement and request a copy of the accident report.
  • Preserve Evidence – Save all correspondence, bills, and records related to the accident or injuries.
  • Contact an Experienced Attorney – A Texas personal injury lawyer can identify responsible parties, including governmental entities or contractors, and guide you through the TTCA requirements.
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Why Legal Guidance Matters


Navigating claims against government entities in Texas is complex because of immunity rules. Filing a claim too early, failing to meet TTCA notice requirements, or misidentifying the responsible party can result in losing your right to compensation.


Experienced legal counsel ensures:

  • Compliance with statutory notice deadlines
  • Correct identification of governmental or contractor defendants
  • Proper collection and preservation of evidence


Key Takeaways


  • Governmental agencies are immune from liability for discretionary acts like road design and safety policy.
  • Liability may exist for non-discretionary acts, including construction and maintenance hazards.
  • Contractors have a duty to exercise ordinary care and may be liable if unsafe conditions cause accidents.
  • Timely documentation, reporting, and legal guidance are critical to protecting your claim.


If you or a loved one suffered an accident caused by road construction or poor road design in Texas, don’t wait. Contact Wyde & Associates to protect your rights and maximize your potential recovery. Your claim may involve complex rules under the TTCA, and timely legal action is essential.

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