When you’re driving through Reno or on the open roads of Northern Nevada, you expect the path ahead to be reasonably safe. Unfortunately, that’s not always the case. A sudden pothole, debris in the road, or a poorly marked construction zone can lead to a sudden and severe collision.
After a crash caused by a dangerous road condition, one of the first questions people ask is who is responsible. Determining who is liable if a road hazard causes a car accident can be complicated, as the responsible party could be a government agency, a private construction company, or even another driver.
The key to these cases lies in identifying who had the duty to maintain the road and proving they failed to do so, leading directly to your injuries.
Key Takeaways about Liability When a Road Hazard Causes a Car Accident
- Identifying the party responsible for a road hazard accident depends on who owns and maintains the specific road where the crash occurred.
- Liability can fall on various entities, including government bodies (state, county, or city), private contractors, or adjacent property owners.
- To hold a government agency liable in Nevada, it is typically necessary to show the agency knew or should have known about the hazard and had a reasonable time to correct it.
- Claims against government entities in Nevada are subject to specific rules and much shorter deadlines than standard personal injury claims.
- Gathering evidence, such as photos of the hazard, the vehicle, and official reports, is critical in building a case related to a dangerous road condition.
What Is Considered a Road Hazard in Nevada?
A road hazard is any condition on the road's surface or in its immediate vicinity that presents a danger to drivers. These are not just minor annoyances; they are genuine threats that can cause a driver to lose control, damage their vehicle, or collide with another car. While some hazards are temporary, others are the result of long-term neglect.
Common examples of road hazards that can lead to accidents include:
- Potholes and Pavement Defects: Large cracks, uneven pavement, or significant potholes can cause tire blowouts or cause a driver to swerve suddenly.
- Debris in the Road: This can range from fallen cargo from a truck on I-80, to tree branches after a storm, to discarded items that create an obstacle.
- Poor Road Design or Maintenance: Problems like inadequate lighting, missing guardrails, confusing lane markings, or shoulders that drop off dangerously can contribute to a crash.
- Malfunctioning Traffic Signals: A traffic light that is not working correctly can create chaos at an intersection, leading to serious collisions.
- Improperly Marked Construction Zones: Construction sites must have clear warnings, proper barriers, and safe detours. Missing signs or confusing layouts can be extremely dangerous, especially in busy development areas like those near the Tesla Gigafactory in Sparks.
These conditions create an unreasonable risk for motorists who are otherwise driving safely and paying attention to their surroundings.
Who Can Be Held Accountable for a Road Hazard Accident?
Figuring out who is legally responsible, or liable, for an accident caused by a road hazard requires an investigation into who owns the road and who is tasked with its upkeep. In Nevada, several different parties could be at fault.
Government Entity Liability
Most public roads, from major highways like US-395 to local streets in Reno or Carson City, are maintained by government agencies. Depending on the location, the responsible party could be:
- The State of Nevada: The Nevada Department of Transportation (NDOT) is responsible for maintaining state highways and interstate freeways.
- The County: Washoe County, Douglas County, or other local county governments are responsible for roads in their jurisdictions.
- The City: The cities of Reno or Sparks manage the public streets within their city limits.
Holding a government entity accountable comes with unique challenges. Generally, the law gives these agencies a degree of protection known as "sovereign immunity." However, this protection is not absolute. Under Nevada law, a government agency can be held liable for injuries if its negligence created a dangerous condition.
To be successful, you typically must prove that the agency had notice of the hazard. This means showing that they either knew about the specific danger (like a reported pothole) or should have known about it through regular inspections and had a reasonable opportunity to fix it, but failed to do so.
Private Contractors and Construction Companies
When roads are being built or repaired, private construction companies are often hired to do the work. These companies have a legal duty to make their work zones safe for the public. If they fail in this duty, they can be held liable for any resulting accidents.
This could involve:
- Failing to put up adequate warning signs for lane closures or detours.
- Leaving tools, materials, or debris in the roadway.
- Creating an uneven surface without proper warnings.
- Not providing safe routing for traffic around the construction area.
With the amount of industrial development happening across Northern Nevada, from Sparks to Clark, construction zone safety is a major concern. Companies like U.S. Silica, Tesla, and others that spur development also bring increased construction traffic and work zones, making contractor negligence a potential factor in many accidents.
Other Liable Parties
Less commonly, other parties might be responsible for a road hazard. A private property owner could be liable if, for example, their unmaintained trees block a stop sign or their sprinkler system creates a patch of ice on the road during winter.
In other cases, another driver could be at fault if they caused the hazard, such as when unsecured cargo falls from a truck and causes a pileup. In these situations, the driver or their trucking company could be held accountable.
Understanding Negligence in a Road Hazard Claim
To hold any party accountable for your injuries, you must be able to prove they were negligent. Negligence is a legal term that means someone failed to act with reasonable care, and their failure caused harm to another person. It is the foundation of nearly every personal injury case.
There are four key elements you must establish to prove negligence:
- Duty: The defendant (the party you are making a claim against) owed you a legal duty of care. For example, a city has a duty to maintain its roads in a reasonably safe condition for drivers.
- Breach: The defendant breached, or violated, that duty. A city that fails to repair a large, dangerous pothole for weeks after it was reported has likely breached its duty.
- Causation: The defendant's breach of duty was the direct cause of your accident and injuries. You must show that the accident would not have happened if not for the defendant's failure to act.
- Damages: You suffered actual harm, or damages, as a result of the accident. This includes medical bills, lost wages, vehicle repair costs, and pain and suffering.
Proving all four of these elements is essential to successfully recovering compensation for the losses you have experienced due to the accident.
Steps to Take After an Accident Caused by a Road Hazard
If you have been in a car crash caused by a dangerous road condition, the steps you take in the days and weeks that follow can be crucial. Once you have received initial medical care, it is important to begin protecting your rights and gathering information.
- Document the Hazard: If it is safe to do so, return to the scene and take clear photos and videos of the road hazard that caused your accident. Potholes get filled and debris gets cleared, so capturing evidence of the condition as it was at the time of the crash is vital. Measure the hazard if possible.
- Take Photos of Everything: Photograph the damage to your vehicle from multiple angles, your physical injuries, and any other property damage. This visual evidence can be very powerful.
- Report the Hazard: File an official report about the dangerous condition with the appropriate government agency (e.g., the City of Reno's public works department or NDOT). This creates an official record and can help establish that the entity was put on notice.
- Keep Detailed Records: Maintain a file with all accident-related documents. This includes the police report, medical records, bills, receipts for expenses, and any correspondence with insurance companies. Also, keep a journal detailing your injuries, pain levels, and how the accident has impacted your daily life.
By taking these steps, you create a strong foundation of evidence that can be used to demonstrate how the accident happened and the full extent of your losses.
Special Considerations When Suing a Government Entity in Nevada
Pursuing a claim against a government agency in Nevada is different from suing a private person or company. The state has specific laws that govern claims against the state and its political subdivisions (like counties and cities). These rules must be followed precisely.
One of the most important differences is the statute of limitations, which is the deadline for filing a lawsuit. For many personal injury cases in Nevada, you have two years to file. However, for claims against many government bodies, the deadlines can be much shorter, and you may be required to file a formal "notice of claim" long before you file a lawsuit. Missing this deadline can permanently bar you from seeking compensation.
Additionally, there are often caps on the amount of money you can recover from a government entity, regardless of the severity of your injuries. According to the Federal Highway Administration, maintaining safe road infrastructure is a top priority, but when agencies fail, these legal complexities can make it difficult for injured people to achieve justice without experienced guidance. Because of these special rules and protections, it is extremely beneficial to have legal counsel familiar with the intricacies of government liability claims in Nevada.
Liability in a Road Hazard Car Accident FAQs
Here are answers to some common questions that arise after a crash involving a dangerous road condition.
What if bad weather, like snow or rain, was a factor in my road hazard accident?
Bad weather can complicate a claim, but it does not automatically prevent you from holding a party liable. For example, if a road has poor drainage that predictably causes flooding or ice patches during storms, the government entity responsible for its design and maintenance could still be found negligent. The key is whether the hazard was made unreasonably worse by a foreseeable weather event due to a failure in upkeep.
Can I be found partially at fault for an accident caused by a road hazard?
Yes. Nevada uses a "modified comparative negligence" rule. This means if you are found to be partially at fault for the accident (for instance, if you were speeding or distracted), your compensation can be reduced by your percentage of fault. If you are found to be 51% or more at fault, you cannot recover any compensation. The other side will often try to argue that you should have been able to see and avoid the hazard.
What kind of evidence is most important in a road hazard case?
Photographic and video evidence of the hazard itself is often the most critical piece of evidence, as it shows the condition that caused the crash. Other vital evidence includes police reports, witness statements, vehicle damage estimates, and maintenance records from the government agency or contractor responsible for the road, which can show whether they knew about the problem.
How long do I have to file a claim for a road hazard accident in Nevada?
The deadline, known as the statute of limitations, is typically two years for personal injury claims in Nevada. However, as mentioned, if your claim is against a government entity, you may have a much shorter deadline to provide a formal notice of your claim. It is essential to act quickly to ensure you do not miss these critical time limits.
Discuss Your Case with an Experienced Reno Car Accident Law Firm
If you were injured in an accident caused by a pothole, road debris, or an unsafe construction zone, you may be entitled to compensation for your medical bills, lost income, and suffering. However, these cases can be challenging, especially when a government entity is involved. Proving who was responsible and demonstrating their negligence requires a thorough investigation and a deep understanding of Nevada law.
At Viloria, Oliphant, Oster & Aman L.L.P., our team is committed to helping people in Reno and throughout Northern Nevada stand up for their rights. We believe in our clients and in the work we do for them. With over a century of combined experience, our trial attorneys prepare every case as if it will go to court, ensuring we are ready for any challenge.
When you call, we answer. Contact us today at (775) 284-8888 or through our online form for a consultation to tell us your story and learn how we can help.