Auto accidents remain one of the leading causes of injury in the United States, with millions of people affected each year. Auto accidents are a common cause of injuries, ranging from minor cuts to life-threatening or fatal conditions. In 2023 alone, 5.1 million people sought medical attention for motor vehicle incident injuries in the United States, and the estimated total cost of these injuries exceeded $513 billion.
While many crashes result from driver negligence – such as impaired driving, speeding, or distracted driving – dangerous road conditions can also play a major role. Hazards like potholes, debris, uneven pavement, or poorly maintained surfaces can create serious risks for drivers, cyclists, and pedestrians. These accidents often lead to significant injuries, unexpected medical bills, and lost income, placing enormous stress on victims and their families.
In Washington state, individuals injured because of road hazards or unsafe conditions have the right to pursue compensation for their losses. While most auto accident claims involve other drivers, there are situations where a government entity or contractor responsible for road maintenance may be liable.
If you or a loved one has suffered serious injuries due to a road hazard, a knowledgeable Seattle personal injury attorney can help you navigate your legal rights and options. The experienced legal team at Menzer Law Group invites you to contact us for a complimentary case review. We carefully evaluate each case to ensure we can make a meaningful impact for our clients. In this post, we’ll explore what road hazard injury claims involve and how working with a top Seattle personal injury law firm can help you understand your rights and options.
What Qualifies as a Road Hazard in Washington State?
Road safety can be compromised by a variety of hazards. Common examples include issues with the road surface, such as potholes, deep ruts, or severely uneven pavement, which can create dangerous conditions for drivers, cyclists, and pedestrians.
Other road hazards may involve fallen trees, debris from construction sites or cargo that has fallen from trucks, obstructed views, faded or missing signage, and poorly-maintained roads that are prone to flooding – especially when these known risks are not clearly marked for drivers.
In some cases, design flaws like unnecessarily sharp curves can cause or contribute to unsafe road conditions, increasing the likelihood of accidents and injuries.
Who May Be Held Liable for Road Hazards in Washington?
If you were injured in an accident caused by a road hazard, determining liability can be complex. Depending on the circumstances, you may have a claim against entities such as the Washington State Department of Transportation (WSDOT), city or county agencies, contractors, or construction companies responsible for road maintenance or design. Under limited circumstances, liability may extend to private property owners.
Road hazard claims fall under the larger umbrella of negligence claims, meaning the injured party seeks compensation from harm caused by another party’s failure to maintain safe road conditions or address known hazards.
Can You Sue the Government For Road Condition Accidents?
Government entities like WSDOT have a duty to maintain roads in reasonably safe condition, but they cannot anticipate or prevent every possible hazard. While WSDOT and other city and county government entities are responsible for addressing known safety issues in a timely and effective manner, they are not required to take extraordinary measures to eliminate every conceivable risk.
If a city, county, or state agency created a dangerous road condition and failed to repair it promptly, or if they had a reasonable opportunity to post clear warnings and did not, an injured party may have grounds to file a road hazard claim against the responsible entity.
Claims against government agencies can be complex and involve strict notice and filing requirements. Navigating these rules without experienced legal guidance can be challenging. As you focus on your recovery, consider working with a knowledgeable and supportive Seattle road hazard injury lawyer who can guide you through every step of the process.
Common Challenges When Suing the Government for Road Hazards in King County
Filing a claim against a government entity can be intimidating and daunting. While all states vary in how they apply sovereign immunity – the legal doctrine that traditionally shields government agencies from lawsuits – Washington state repealed its sovereign immunity statute in the 1960s. This opened the door for injured individuals to pursue claims for government negligence.
The Washington Tort Claims Act (WTCA) states, “[t]he state of Washington, whether acting in its governmental or proprietary capacity, shall be liable for damages arising out of its tortious conduct to the same extent as if it were a private person or corporation.” In other words, the government can be held accountable for negligent acts, including failures related to roadway design, maintenance, and hazard removal.
However, Washington government agencies still benefit from several common-law immunity defenses, which can make proving liability more difficult. One common challenge is establishing that the agency had actual or constructive notice of the road hazard before the collision occurred.
Another important consideration is the strict time limits that apply. Claims against state and local government entities must comply with specific notice requirements, often requiring a formal claim to be filed within 60 to 90 days before a lawsuit can proceed. Missing these deadlines can bar recovery entirely.
Because of these complexities, acting quickly and working with an experienced road-hazard injury lawyer is critical. An attorney can ensure notice requirements are met, investigate whether the government had notice of the hazard, and build the strongest case possible on your behalf.
Evidence You Will Need to Support a Road Hazard Injury Claim in Washington State
If you and your attorney determine that pursuing a road hazard claim is the best strategy for securing compensation after an accident, you will need to collect and present strong evidence. Whether you were injured because of a pothole on a Washington state highway or because of debris left in the roadway by a construction crew, the following types of evidence can significantly strengthen your claim.
Photos and Videos
Documenting the accident scene is one of the most effective ways to preserve evidence. Photographs and videos can capture the condition of the road, including the specific hazard – such as a pothole, uneven pavement, or construction debris – as well as the absence of warning signs, cones, or other safety measures. Visual evidence provides a clear record of the dangerous condition as it existed at the time of the incident.
Incident Reports
Even if no other vehicles were involved, it is important to contact local law enforcement so that an officer can respond and prepare an official report. A police report documents the circumstances leading up to, during, and immediately after the accident. The responding officer can note the presence of road hazards, inadequate signage, poor lighting, or other contributing factors. When pursuing a personal injury claim, including the police report helps establish an objective, third-party account of the incident.
Witness Statements
Statements from passengers, other drivers, pedestrians, or nearby residents can be powerful forms of evidence. Witnesses may be able to describe the hazard, confirm that there were no warnings, or provide details about your vehicle’s loss of control. Your attorney may also locate others who previously encountered the same hazard, experienced near-misses, or submitted complaints to the responsible government agency. These accounts can help establish that the hazard existed for a meaningful period of time and that the agency failed to fix it despite notice.
In addition to eyewitness accounts, testimony from expert witnesses such as accident reconstruction specialists, engineers, or roadway-safety professionals can provide technical support for your claim by explaining how and why the hazard caused the crash.
Learn More About Your Legal Options Today
At Menzer Law Group, our experienced legal team is dedicated to providing effective representation for individuals and families throughout Washington state. We focus on personal injury cases where our specialized skills and experience can have the greatest impact, allowing us to work closely with each client and understand their unique needs
If you have been injured due to someone else’s negligence, please reach out to our Seattle office today at (206) 903-1818 for a complimentary case evaluation.
