Can You Sue a Government Entity for a Road Hazard Accident?

Not all car accidents are caused by careless drivers. Sometimes, the real danger is the road itself. If you got hurt in a crash caused by a pothole, missing signage, or another road defect, you might wonder whether the government is responsible. In some cases, the answer is yes, but these claims are more complex than typical personal injury cases. You will encounter strict procedures, tight deadlines, and legal defenses, such as government immunity, when pursuing a road hazard accident government claim.

Common Road Hazards That Lead to Injury Claims

While not every imperfection qualifies, some road hazards are severe enough to support a claim. Dangerous conditions that commonly lead to road hazard injury lawsuits include:

• Potholes – These are a top contributor to roadway accidents and can cause tire blowouts or sudden loss of control.
• Missing Signage – The absence of a stop sign or yield sign at an intersection increases the risk of high-speed collisions.
• Faulty Guardrails – When guardrails are broken, improperly installed, or missing, drivers can lose control and run off the road, resulting in severe injuries or even fatalities.
• Uneven Pavement – Cracked surfaces, loose gravel, and poorly patched asphalt can cause rollover accidents and loss of traction.
• Standing Water or Ice – When proper drainage is missing or malfunctioning, it can lead to slippery conditions, hydroplaning, or visibility problems.

Government liability often hinges on how long the hazard existed and whether the responsible agency had time and resources to correct the issue. If you can show the hazard remained unaddressed despite reports or clear visibility, you may have grounds to explore who is liable if a road hazard causes a car accident.

When Is the Government Liable for Road Hazard Accidents?

Government agencies – whether city, county, or state – must maintain public roads in a reasonably safe condition. If they don’t fix, inspect, or warn about known dangers, they can sometimes be responsible for accidents.

However, suing the government is more complicated than a regular personal injury case. In Tennessee, the Tennessee Governmental Tort Liability Act (TGTLA) establishes strict guidelines, and the government is only liable in certain situations. To have a valid claim, you must show that a road hazard existed, the agency knew or should have known about it, it directly caused your accident, and they failed to fix it in a reasonable amount of time.

If the hazard resulted from poor road design or a planning decision, it’s even harder to sue. Courts usually block these claims unless the government acted with extreme carelessness.

Can Strict Liability Apply to Government Claims?

While most road hazard accident government claims involve negligence, Tennessee law also recognizes strict liability in limited scenarios. This applies when someone is held responsible even without proof of carelessness.

For example, if a subcontractor the government hired left hazardous construction equipment on the road, and it caused an accident. They might be held strictly liable, and the agency might also be held responsible, depending on the contract terms.

Similarly, if a road material has known defects or instabilities and the government still uses it in construction, strict liability may apply. These cases are more complex and require expert analysis, but they must be considered.

Challenges of Filing a Claim Against the Government

Holding a public entity accountable for your losses is possible, but you should expect to encounter roadblocks. Unlike claims involving private drivers or businesses, these cases present additional legal hurdles and strict timelines.

• Immunity Still Applies in Many Cases – Government immunity shields public agencies from lawsuits, unless specific exceptions apply. Even when the government waives immunity, some areas – like poor road design – remain shielded from liability. To pursue a design-based claim, you may need expert testimony and extensive documentation proving that the plan itself created an unreasonably dangerous condition.
• You Must File a Notice of Claim – In government-related claims, you must file a notice of claim before suing. It includes your details, accident info, the hazard involved, and your losses. If it is late, incomplete, or missing, you could lose the right to sue entirely. Deadlines are strict, so early action is critical.
• The Statutory Period Is Shorter – In Tennessee, government-related personal injury claims often have a one-year deadline or less, depending on the agency. This is much shorter than private case timelines, so filing an accident report quickly helps document your injuries, support your claim, and show that you took immediate action after the incident.
• Proving Fault Requires Detailed Evidence – Substantial evidence is key in road hazard claims. Proper documentation includes photos, witness statements, expert reports, and medical records. If poor maintenance played a role, proving the government ignored complaints or failed to inspect the area can strengthen your case and help establish liability for your injuries.

Given the complexity of these cases, working with an experienced attorney can make all the difference in meeting deadlines. Gathering evidence and pushing past the legal barriers that often protect government agencies.

Steps to Take After a Road Hazard Accident

If you believe a road defect caused your accident. Your actions in the following hours and days can impact your legal options. Here are a few things to do right away:

• Photograph the Hazard – Take pictures of the exact area, road surface, signs (or lack of them), and any skid marks.
• File an Accident Report – Contact the police or the appropriate department and request a copy of the report.
• Get Medical Attention – Immediate care not only supports your health, it creates a documented link between the crash and your injuries.
• Preserve Your Vehicle – Do not repair your car until thoroughly documenting the accident. It can serve as substantial evidence.
• Contact a Lawyer Early – Due to short deadlines and specific filing rules, having legal support from the outset can help protect your claim.

Taking these steps can preserve crucial evidence and give you the strongest foundation for pursuing a government claim. 

You Do Not Have to Handle This Alone

Filing a road hazard accident claim with the government is rarely straightforward, with immunity protections, strict deadlines, and detailed notice rules. Even strong cases can unravel without an experienced personal injury lawyer in Memphis.

If you were injured due to a poorly maintained public road, Gatti, Keltner, Bienvenu & Montesi, PLC is here to help. Contact us at (901) 526-2126 for a free, confidential consultation. Our team can review your case and help you through the legal process.