What Happens If a Car Accident is Caused by a Road Hazard?
Car accidents happen every day, but not all are caused by driver error. In many cases, it’s the road itself—specifically, road hazards—that cause damage or lead to serious collisions. These hazards include potholes, road debris, unmarked construction zones, or improperly maintained roads.
After such an accident, most drivers are left with more questions than answers: Who is at fault? Will insurance cover this? Can I sue the city for damages? What if a construction zone wasn’t properly marked?
This guide walks you through everything you need to know about accidents caused by road hazards—helping you determine who might be liable, how insurance companies typically handle these claims, and what steps to take if you’re injured or your vehicle is damaged.
What Qualifies as a Road Hazard?
A road hazard refers to any unexpected or unsafe condition on the roadway that creates a higher risk of a crash or damage. These are not part of normal driving conditions and often stem from poor infrastructure maintenance, environmental factors, or human negligence.
Common Types of Road Hazards
1. Potholes
These result from water seeping into the ground beneath the road surface and expanding or contracting due to weather changes. When not repaired, they grow in size and can cause tire blowouts or undercarriage damage.
2. Loose debris
Items such as blown tires, broken parts from other vehicles, or construction materials can fall onto roads and become dangerous obstacles, especially at high speeds.
3. Unmarked construction zones
When roadwork isn’t properly marked with signage, cones, or lights, drivers may be caught off guard, leading to sudden swerving or collisions.
4. Uneven road surfaces
These may occur during partial repairs or repaving jobs and can destabilize a vehicle.
5. Fallen trees or signage
Natural events, such as storms, may bring down objects that block or interfere with traffic, often before authorities have time to clear them.
Each of these can cause loss of vehicle control, damage, or injury, even if the driver was otherwise operating safely.
Legal Liability: Who Can Be Held Accountable?
Determining who is responsible for a road hazard accident involves examining maintenance responsibilities, notification of danger, and whether negligence played a role. Liability is not always obvious, but several parties can potentially be held responsible.
Government Agencies
In most cities, towns, and states, public roads are managed by governmental bodies such as the Department of Transportation (DOT), city public works departments, or state highway agencies. These bodies are tasked with maintaining safe driving conditions. If an accident happens because of a known hazard—such as a pothole that was reported but left unfixed—there may be grounds to hold that government entity liable.
However, governments often have legal protections called “sovereign immunity,” which means they are shielded from certain lawsuits unless strict criteria are met. Most states allow exceptions for gross negligence or failure to act on known dangers within a reasonable timeframe.
Contractors and Construction Companies
If the accident was caused by construction work—such as loose gravel, fallen signage, or an unmarked lane shift—the company performing the work might be liable. Contractors are legally required to follow safety standards, place warnings, and secure their equipment. Failure to do so can be grounds for a negligence claim.
Private Property Owners
Sometimes, the hazard may stem from private land or a commercial property adjacent to the road. For example, if a retaining wall collapses and spills debris onto the road, the property owner could be held liable if they were aware of the structural risk and failed to fix it.
Does Insurance Cover Road Hazard Accidents?
Insurance coverage for road hazard accidents can be complex and often depends on the type of policy a driver carries. While it is possible to receive compensation, there are several limitations and common scenarios that affect outcomes.
Comprehensive Coverage
Comprehensive auto insurance is designed to cover damage that does not result from a collision with another vehicle. This includes events like hitting a pothole, striking road debris, or encountering an animal. If your vehicle was damaged by a road hazard under these conditions, comprehensive coverage is likely your best route for compensation.
Collision Coverage
If the incident involved an actual collision—such as hitting a barricade or veering into another vehicle due to a hazard—collision coverage may apply. This type of insurance generally pays for damage regardless of fault but may be subject to higher deductibles.
Liability-Only Policies
Drivers with basic liability coverage will not be able to claim vehicle damage or personal injury under their own policy. Liability-only policies only pay for damages caused to other people or property, not to the insured’s own vehicle.
Common Reasons for Denial
Even with the right coverage, insurance companies may deny a claim for several reasons:
- Arguing the hazard was avoidable with safe driving
- Categorizing the damage as general “wear and tear”
- Claiming that the cause cannot be verified
- Lack of photographic or third-party evidence
Proper documentation and prompt reporting are essential to prevent denials or delays.
How to Prove Fault in a Road Hazard Crash
To support a successful insurance claim or legal case, the burden is on the driver to prove that the road hazard was the primary cause of the accident—and that they were not negligent in responding to it.
Essential Evidence to Collect
- Photographs: Take clear, close-up images of the hazard itself and your vehicle’s damage. Include wide shots to show location and road layout.
- Police report: Always request a written police report. Officers will usually document the road conditions, which strengthens your case.
- Witness statements: If other drivers or pedestrians saw the accident happen, get their names and contact information. Independent witness testimony can be pivotal.
- Time-stamped GPS or dashcam footage: Technology can help verify your exact location and circumstances, offering concrete proof of the event.
- Maintenance records or city reports: In legal cases, a lawyer may file a request for public maintenance logs to see if complaints about the hazard had been previously made or ignored.
What to Do Right After a Road Hazard Accident
Taking the right steps immediately after an accident can protect your health, strengthen your legal case, and improve your chances of a successful insurance claim.
- Ensure Safety: Pull over to a safe location and check yourself and passengers for injuries. Call emergency services if anyone is hurt.
- Call Law Enforcement: Report the accident. Even if damage seems minor, a police report provides vital documentation.
- Take Photos and Video: Document the scene, damage, and road condition as soon as it is safe.
- Collect Witnesses: Speak to bystanders or other drivers who may have witnessed the hazard or accident.
- Report the Hazard: If safe to do so, report the hazard to the local municipality or highway authority. This ensures that others won’t be injured and creates a record of the issue.
- Contact Your Insurance Provider: File a claim with your insurer and provide them with all collected evidence.
Can You Sue the City or Government?
In many cases, yes—but it’s more complex than suing a private party. Most cities and states require that you follow specific procedures to bring a claim against them.
Steps to Sue a Government Entity
- File a Formal Notice of Claim: Before filing a lawsuit, you usually need to submit a written notice to the city or state department. This includes a description of the event, damages, and your intent to pursue compensation.
- Time Limits Apply: These claims often have strict time limits—sometimes as short as 30 or 60 days after the incident—so act quickly.
- Provide Evidence of Negligence: You will need to prove that the government knew or should have known about the hazard and failed to act within a reasonable time.
- Consult with an Attorney: Because government liability cases are governed by specific laws, hiring an experienced lawyer increases your chances of success.
Why Road Hazard Claims Are Often Denied—and How to Respond
Insurance companies and government entities frequently deny claims related to road hazards for strategic reasons. Understanding the most common denial tactics can help you prepare your case more thoroughly.
Common Reasons for Denial
- “Unavoidable accident” defense: They may claim the hazard couldn’t have been reasonably avoided by anyone.
- “Insufficient documentation”: Claims without photos, witness statements, or police reports are harder to verify.
- Policy limitations: Some insurance policies have specific exclusions for certain road conditions or claim types.
How to Fight Back
- Appeal the insurance decision: Provide additional evidence, expert opinions, or third-party documentation to support your case.
- Hire legal counsel: A lawyer can subpoena city records, request footage from traffic cameras, or engage accident reconstruction experts.
- Escalate the claim: If denied by the city, proceed to small claims court or civil litigation, depending on damages.
Frequently Asked Questions
Can I get compensated if my car was damaged by a pothole?
Yes, compensation is possible, but it depends on several factors. If you have comprehensive or collision insurance, your policy may cover the damage after your deductible. Alternatively, you may be able to file a claim with the city or state responsible for maintaining the road, but only if you can prove that the government agency was negligent—such as failing to fix a reported hazard within a reasonable timeframe. It’s important to document the scene, gather witness information, and file your claim promptly.
Who is liable if I hit debris that fell off a truck on the highway?
If the debris came from a specific vehicle and you can identify that vehicle—such as a commercial truck or construction vehicle—then that party may be held liable for your damages. Drivers and transport companies are legally required to secure their loads. If they fail to do so and it leads to an accident, you may have a valid claim for compensation. Dashcam footage or eyewitness accounts are extremely helpful in these scenarios.
Will filing a road hazard insurance claim increase my premiums?
Filing a claim under comprehensive coverage typically has less impact on your premiums than a collision claim, but this varies between insurance providers. If the insurer views the incident as unavoidable or not your fault, the rate impact may be minimal. However, if the claim is deemed a result of negligent driving or multiple claims have been filed in a short period, your premium may increase. Always check with your provider to understand their policy.
Can I sue the city or state for damages caused by poor road conditions?
Yes, you can sue a government entity, but the process is more complex than suing a private party. Most cities and states require that you file a formal notice of claim within a specific timeframe, which could be as short as 30 days. You’ll need to prove that the government was aware—or should have been aware—of the hazard and failed to address it. Sovereign immunity laws may limit your ability to sue, but many jurisdictions allow claims in cases of gross negligence.
What should I do immediately after a road hazard accident?
After ensuring your safety and that of your passengers, call 911 to report the incident and request medical attention if needed. Once it’s safe, document the hazard and your vehicle damage with photographs, take notes about the location and road conditions, and collect witness information if available. Notify your insurance company as soon as possible and begin the claim process. If the hazard involved government property or a construction zone, consider filing a report with the appropriate agency or city department.
Conclusion: Protect Yourself After a Road Hazard Crash
Accidents caused by road hazards are frustrating, potentially costly, and sometimes dangerous. While proving liability and receiving compensation isn’t always easy, understanding your rights and acting quickly can dramatically improve your chances of success.
If you’ve been in an accident due to poor road conditions, take the necessary steps to document the scene, protect your legal rights, and explore your insurance options.
Contact Lawlor, White & Murphey Today
If your claim has been denied, or you are unsure how to proceed, contact Lawlor, White & Murphey today for a free consultation. We can assess your case, gather evidence, and help you file claims or lawsuits against the responsible party—whether it’s your insurer, the city, or a contractor.