Are You Liable? Understanding Legalities in Road Hazard Accidents

Road hazard accidents are more common than you might think. Potholes, debris, ice patches, and broken guardrails contribute to thousands of crashes annually. In the aftermath of these accidents, determining liability for damages can be complex.

You might assume the driver is always at fault. However, road hazard cases involve multiple parties. Government agencies, construction companies, and other drivers can all share responsibility. Understanding these liability rules helps you protect your rights after an accident.

Identifying Road Hazards and Their Role in Accidents

Road hazards can take many forms and create real dangers for drivers. These can be natural, like fallen trees or ice. Other examples include loose gravel, construction debris, black ice, standing water, or uneven lanes. 

According to the National Safety Council, between 2019 and 2023, the vehicle and population death rates grew by over 11% and 12.5%, respectively. In 2023, the number of motor vehicle fatalities exceeded 44,760. While not all of these deaths were due to road hazards, many involved roadway conditions that played a major role in the crash.

To see how these hazards matter, consider the recent accident in Cleveland. On January 15, 2025, Cleveland 19 News reported that a car slid off an I-90 bridge due to icy road conditions. The car rolled on a wooded hillside, causing the driver to suffer serious injuries. Thankfully, nobody else was injured. 

However, the crash raised serious concerns about how winter weather is managed on critical bridges. This raised an important question: could someone be held responsible for not treating the road on time? If the city delayed spraying salt and that led to the crash, it might be considered negligence. 

Determining whether the city failed to treat the road or if the driver was going too fast for the weather is key. In such situations, speaking with a Cleveland car accident lawyer may help you figure out if a claim is possible. They can guide you through who might be held responsible, be it a government agency or another party. 

The Concept of Negligence and Duty of Care

In road hazard cases, liability often narrows down to negligence, i.e., when someone fails to act with reasonable care. This can apply to government agencies, construction crews, or utility companies responsible for road safety. They have a duty of care to inspect, maintain, and repair roads and to warn drivers about known dangers.

If they ignore these duties, and it leads to an accident, they could be held liable. However, individual actions also play a role in how fault is assigned. Most states, including Ohio, follow comparative negligence rules to divide responsibility. According to Piscitelli Law Firm, Ohio uses a modified comparative negligence system with a 51% bar. 

This means you can only receive compensation if you’re less than 51% at fault. Let’s revisit the Cleveland I-90 bridge crash. If the driver was speeding or failed to adjust to icy conditions, they might bear partial blame, which could reduce or even prevent compensation. 

In Cleveland, you have 24 months from the date of the accident to submit a personal injury claim. In some cases, defendants argue the hazard was “open and obvious,” meaning a careful driver should have seen and avoided it. Courts weigh visibility, road layout, and weather when evaluating such claims. 

Your behavior before the crash also matters. Speeding, distraction, or impaired driving can all raise your share of fault; even hands-free phone use may be considered.

Establishing Liability for Road Hazard Accidents

Determining liability in road hazard accidents requires a closer look at the potential responsible parties. Depending on what happened, several parties could be held accountable:

• Government Entities: Federal, state, and local agencies often handle the upkeep of public roads. However, holding them liable can be challenging. They’re typically protected from lawsuits involving big-picture planning.
  
  Nevertheless, they can be held responsible for routine failures, like ignoring potholes or failing to replace missing signs. Justia reveals that most lawsuits against federal agencies are covered under the Federal Tort Claims Act, which establishes strict deadlines and technical parameters.
  
  Similar guidelines extend to state and local authorities, often providing immunity for discretionary ordinances. 

• Construction Companies: When a road is under construction, the company performing the work is responsible for ensuring driver safety within the work zone. This responsibility includes using appropriate signage and barriers and maintaining a safe driving surface.
  
  They can be held liable for accidents resulting from negligence, such as leaving materials in the roadway or inadequately marking lane closures.

• Utility Companies: Utility companies working on or near roads also have a responsibility to ensure their work doesn’t create dangerous driving conditions. This may involve ensuring manhole covers are secure or that any temporary road closures are well-marked.

Beyond these specific entities, common reasons for accidents include potholes, bad road design, debris, and weather-related problems. Establishing who should’ve fixed the particular hazard that caused the accident is a key step in determining liability.

People Also Ask

Q1. Can I sue the city for pothole damage to my car?

Yes. However, you’ll need to prove that the city was aware of the pothole and failed to repair it within a reasonable time, demonstrating negligence. Evidence, like prior complaints or maintenance records, can strengthen your case. Specific procedures and timelines often apply to claims against government entities.

Q2. If a construction zone caused my accident, who is responsible?

Responsibility in construction zone accidents can fall on the construction company, the government agency overseeing the project, or both. Liability typically hinges on whether proper safety measures, like clear signage and safe road surfaces, were in place. Document any lack of warnings or unsafe conditions.

Q3. How long do I have to file a claim after a road hazard accident?

Most states give you 1–3 years to file personal injury lawsuits, but government claims require much faster action. You typically have 30–180 days to notify government agencies about road hazard accidents. Missing these deadlines can permanently block your compensation, so contact an attorney immediately after any crash.

Road hazard claims are rarely simple. Factors like government protections, shared responsibility, and fault rules shape how cases unfold and what compensation you can seek. Act quickly after an accident; take photos, gather witness details, and save any video evidence that can support your claim. 

Meet all notice requirements and filing deadlines for claims against government entities. Understanding these legal principles helps you manage the claims process effectively. When road hazards cause accidents, multiple parties often share responsibility for your damages.