Car Accidents and Missing or Hidden Signs
Car accidents result in millions of injuries across the country each year, many of which are catastrophic. The leading cause of car crashes is errors made by reckless or negligent drivers. However, there are additional factors that are responsible for collisions.
Many accidents are caused by missing or hidden street signs. When the cause of a car accident is missing or hidden signs, injury victims may be unsure of who is responsible for accident damages. Car accident lawyer Roger “Rocky” Walton can assist his Arlington, TX clients in pursuing liable parties so his clients are justly compensated for the full extent of their losses.
Determining Liability
When clients come to Rocky Walton in the aftermath of a car wreck, one of the first things he does is determine liability for accident damages. If a missing or hidden street sign is responsible for the accident, we must be able to clearly demonstrate that fact. For instance, if a person crashes while going through an intersection without a visible stop sign, we must be able to show that the accident was directly caused by the missing or hidden sign. If the driver was speeding at the time of the accident, or if they were practicing distracted driving, it will be much more difficult to place liability on the municipality or company responsible for placing and/or maintaining adequate street signs.
Gathering Evidence
Evidence is vital to proving car accident liability, especially when our Arlington clients are claiming that a missing or hidden sign caused the collision. If possible, drivers should collect evidence immediately following their accident. Evidence that can be critical in these types of cases include:
- A police report (be sure to tell the reporting officer about the missing or hidden sign)
- Photos of the accident scene
- Photos of the hidden/obscured sign, or the location where the sign should be
- Photos of involved vehicles and accident damage
- Contact information for any other involved drivers or witnesses
Suing a Municipality
If we are able to clearly show that a missing or hidden stop sign was the cause of an accident, we can help our Arlington clients go after the party that is responsible for maintaining the road where the accident took place. Most often, the local government’s Department of Transportation is in charge of road maintenance, including the placement and upkeep of traffic signs. However, they occasionally hire private companies to take on the responsibility.
Suing a municipality is not as simple as suing another driver. In fact, a municipality is generally protected from being named in a civil suit. However, there are exceptions to this rule. Texas allows a municipality to be sued for accident damages caused by a missing or hidden street sign, but certain protocol must be followed.
Before suing a municipality, accident victims must first file a Notice of Claim. The Notice of Claim includes details of the accident and the damages it caused. A Notice of Claim typically needs to be filed within six months, or the accident victim will miss their opportunity to file the claim. If the municipality denies the claim or fails to respond to it, then a civil suit can be filed.
Contact Us
If you have been injured in a car accident caused by a missing or hidden street sign, attorney Roger “Rocky” Walton can help you get the financial compensation you are due. To discuss your accident in further detail, send us a message at your earliest convenience, or call (817) 429-4299.