While most car accidents result from driver negligence, some also result from road defects. Defective roads can lead to collisions by causing drivers to take evasive action, damaging tires, or making it difficult to see portions of the road.
According to the Oregon Department of Transportation (ODOT), only 58 percent of the state’s highways were in good condition, 30 percent were in fair condition, and 12 percent were in poor condition in a recent year. However, the ODOT also projects that road conditions will deteriorate further over the next 10 years.
With more of Oregon’s roads in bad condition, car accidents caused by road defects will likely increase. Fortunately, crash victims have legal options for seeking compensation for their injuries caused by road damage. The primary option is filing a lawsuit against the state or local government responsible for maintaining the damaged road.
Types of Road Defects in Oregon
Many types of road defects contribute to car crashes in Oregon. Some of these defects may cause the accidents themselves, and others may worsen accidents. The most common types of road defects include:
- Potholes – Holes in the road surface may be caused by deteriorating asphalt due to weather, traffic wear, and water.
- Uneven pavement – Uneven pavement refers to areas of the road surface that aren’t level, such as between lanes paved at different times. It is often the result of poor construction, weather damage, or the ground below the road sinking.
- Cracked asphalt – The road surface can develop visible cracks due to age, stress, or exposure to weather. Cracks can vary in size and severity and may lead to further damage if they aren’t repaired.
- Missing or malfunctioning traffic signals – Traffic signals that are missing or malfunctioning, such as burnt-out lights, cannot control the flow of vehicle and pedestrian traffic.
- Inadequate signage or markings – Road signs and markings, such as lane lines, stop signs, and speed limit signs, are necessary for guiding drivers and making the roads safe. Inadequate signage can lead to driver confusion.
- Bad road design – Poorly designed roads involve roads built with flaws, such as sharp or blind turns, narrow lanes, or bad traffic flow patterns.
- Defective guardrails – Defective guardrails may be damaged, poorly installed, or missing, reducing their effectiveness in preventing serious accidents.
- Inadequate drainage leading to flooding – Roads need proper drainage systems to prevent water accumulation. Inadequate drainage causes water to pool on the road surface, leading to flooding, slippery conditions, and increased road damage.
- Missing or malfunctioning streetlights – Streetlights are essential for nighttime visibility. When they’re missing or malfunctioning, drivers can experience poor visibility.
How Road Defects Can Cause Accidents
The most common road defects in Oregon can contribute to traffic accidents in the following ways:
- Potholes – Hitting a pothole at high speed can cause you to lose control, damage your vehicle’s tires or suspension, or suddenly swerve into another lane or off the road. For example, hitting a severe pothole could break your suspension and send you careening into another vehicle.
- Uneven pavement – Uneven pavement can cause loss of vehicle control, especially for motorcycles. It may also lead to sudden jolts that can cause drivers to overcorrect or veer off course. A motorcycle rider may lose control when hitting a sudden drop-off in the pavement while changing lanes, causing them to crash.
- Cracked asphalt – Cracks can widen over time, leading to sharp edges that can tear through tires and cause accidents. For instance, the edge of your car’s tire runs along a sharp crack, causing it to blow out and send your car off the road.
- Missing or malfunctioning traffic signals – Without clear signals, drivers may go through intersections when they shouldn’t, leading to dangerous collisions. If a traffic signal’s red light doesn’t work, a motorist may continue driving through it when they should have stopped and T-bone another car.
- Inadequate signage or markings – Drivers may stray between lanes or reach excessive speeds without proper signage and road markings. For example, a missing stop sign at a four-way intersection can cause a severe collision if other drivers believe all directions have a stop sign.
- Bad road design – Roads with blind corners can lead to car wrecks because drivers cannot see hazards ahead, such as traffic that’s come to a standstill.
- Defective guardrails – Defective guardrails may not cause accidents, but they can make an accident worse. If a guardrail breaks, your car could plummet off the side of the road and into a ravine, resulting in more serious injuries.
- Inadequate drainage leading to flooding – Hydroplaning becomes more likely if there’s excess water on the road due to poor drainage. It can easily lead to single-car crashes or colliding with another vehicle.
- Missing or malfunctioning streetlights – Without proper lighting, drivers may not see hazards or pedestrians with enough time to react.
Something to keep in mind is that Oregon follows a modified comparative negligence rule that may impact your car accident claim. Oregon’s version of comparative negligence reduces the compensation you can receive based on your degree of fault. So, if you were 20 percent at fault for the accident, you could only recover 80 percent of your compensable losses. This rule also prevents you from recovering compensation if you were more than 50 percent at fault for the collision.
The responsible government agency may try to argue that you were driving negligently, such as by speeding, and contributed to the crash more than the road defect did. It’s crucial that you hire an experienced car accident attorney who can reduce the impact this rule has on your settlement or trial award.
Oregon Law and Road Defect Liability
Since state and local governments maintain Oregon’s roads, you may have to sue one of these entities to recover compensation after a car accident due to a road defect. However, government entities benefit from sovereign immunity, which shields them from many types of lawsuits.
There are exceptions to sovereign immunity, though, such as when the government entity knew of the road defect and its likelihood to cause harm but took no action to fix it. But to use these exceptions, you must present substantial evidence to prove the government’s liability, including:
- Police reports – Typically, police reports are not admissible as evidence in a personal injury lawsuit. However, your attorney may be able to use facts stated in the police report to build parts of your case, such as if it mentions a known road defect caused the crash.
- Accident scene photos – Photos from the accident scene can show a clear defect in the road, such as a large pothole or faded road lines that are difficult to make out.
- Witness statements – You may be able to use eyewitness statements to back up your claim of how the crash occurred and the road defect that contributed to it. Or you may be able to gather statements of others who previously reported the road defect to local authorities.
- Expert testimony – In many road defect cases, your attorney will hire an expert to provide testimony on the road defect, its role in the accident, and how the government should have remedied it. For example, a pavement expert may explain how the materials the government used when repaving the road left it susceptible to damage, such as potholes, which contributed to your crash.
Many road defects are the result of negligence when one or more governmental agencies fail to properly maintain or design a roadway. When a governmental agency is involved, Oregon and federal law may require a very specific notice to the various potentially negligent governmental entities. This special notice is known as a “Tort claim notice.”
Tort claim notices often require including the following language: “This is a claim for damages.” In Oregon, Tort claim notices must be sent by certified mail with a return receipt for proof the notice was sent on time. It is not always obvious which governmental agency is responsible, so it’s important to send it to all known potentially responsible entities.
You have up to 180 days after the collision to file your Tort claim notice before filing your lawsuit. Failure to file this notice may result in losing your right to sue. Because of these special requirements and laws, you should have an experienced car accident lawyer on your side to help you follow all procedures and protect your rights.
Steps to Take After an Accident Caused by a Road Defect
Immediately after a collision caused by a road defect, you should do the following:
- Seek medical attention – Always get medical care after a car crash, even if you feel fine. Some injuries, such as internal damage or head injuries, don’t manifest symptoms right away. Delaying treatment could cause them to worsen.
- Report the collision to the police – Any time you’re in an auto accident, you should report it to the police. Not only is this a legal obligation, but you will likely need a copy of the police report if you plan to file an insurance claim.
- Document the accident scene – Take photos of the scene, including the damage to your vehicle, your visible injuries, and the road defect that contributed to the wreck.
- Gather witness contact information – If there are any witnesses, collect their names and contact information so your attorney can follow up with them for their statements.
Find the Right Road Defect Attorney for You
If you suffered an injury in a collision caused by road damage in Portland, Oregon, you need the help of a skilled road defects accident attorney. At Rizk Law, we have the experience, tenacity, and dedication needed to get results, proven by the millions we have recovered for accident victims. We offer personalized strategies and consistent communication throughout the whole process. Past clients say we have “phenomenal assistance with the most caring and awesome lawyers you can find.”
Contact Rizk Law for a free case review to learn more about how our experienced Portland car accident attorneys can help you seek the compensation you deserve for your injuries.