Legal Question in Personal Injury in Texas
Liability of highway department
My brother and nephew were killed in an auto accident at the intersection of hwy 3129 and 251. There have been numerous accidents and deaths at this intersection over the past 3 years. Originally, hwy 3129 had stop signs and 251 had the right of way. Then the highway department added a 4 way stop. A few months later, they took down the stop signs for hwy 3129 giving the right of way. Since this was done, the accidents have happened. This hwy is operated by numersous log trucks due to the paper mill located on this road. The speed limit through the intersection has been 70 mph. The construction of the road is very poor and has contributed to the accidents. There is poor visibility for the drivers stopped at hwy 251, yet they are the ones that have to stop. There is a dip in the hwy 3129 and it winds around, where when you do stop and look both ways, by the time you proceed, your hit due to the speed of the other units. Does the state or hwy dept. have any liability for this and how do we go about bringing up a lawsuit to get them to put the 4 way stop back up, which is the only way to prevent anymore wrongful deaths?
2 Answers from Attorneys
Re: Liability of highway department
There could be liablity by the State depending on many factors. The first issue however is timeliness of a claim. You don't say when your brother's accident occurred. General rule is that his family would have 2 years to file suit. There are also contribution issues with the other driver. Even if the road conditions contributed, there are likely other contributing factors on the drivers. This will be complicated so talk to a lawyer with experience in such matters.
Re: Liability of highway department
The highway department may well have liability in the case you describe. I would need more information before I can tell you wha.t I think. For example, I would need the DPS and DOT data reports etc. Please feel free to contact me if you would like to discuss this further.
David Sergi
512 392 5010
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