Who is Responsible for Accidents Caused by Poor Road Maintenance?

close up image of a car swerving around a pothole in the road

Road Hazards Affecting Your Chance of Accidents

St. Louis is no stranger to snowy weather and harsh winters, but even when the spring weather comes, roads are still impacted by the damage of lower temperatures. Many may still not know that potholes in the road are caused by the expanding and contracting of ground water, so with snow days and below freezing temperatures at night, the possibility of road hazards increases.

When the weather starts warming back up and the city once again looks to continue road work and construction projects, who can be held responsible if accidents are caused by these bad roadway conditions or motorists not being properly alerted of these issues?

St. Louis Road Maintenance Projects

Maintaining roadways is the responsibility of the city, state, or county depending on the type of roadway (state highway versus interstate). Presently, there are more than two dozen construction projects happening across the St. Louis metropolitan area, and the Missouri Department of Transportation 2021-2022 plans for St. Louis City Construction include 10 proposed projects specifically for updating roads, bridges, and ramps.

Who is Liable for Accidents?

As these projects are the responsibility of the governing municipalities, the liability for any accidents involving potholes or poor road conditions would also fall on them. Since they are currently or soon-to-be undergoing construction, the increased hazards of a work zone are also their responsibility to remedy.

This would mean that if you are involved in a car accident in a construction zone or one is caused by hazardous conditions on the roads, you can take legal action against the government entity responsible. However, Missouri’s doctrine of comparative negligence is still in play, which means that the driver will have to prove that they did everything in their power to avoid an accident, otherwise they assume some of the fault.

Questions About Car Accident Liability? We Can Help

Whether your accident occurred in a construction zone or was caused by hazardous road conditions, our St. Louis attorneys are here to help. Kolker Law Firm has extensive experience in handling car accident cases across the metroplex and will aggressively fight for your right to a negligence-free roadway.

If you or a loved one is seeking representation following a car accident injury, call (314) 684-8285 to schedule a consultation.

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