Accidents caused by road defects are more common than many realize. Potholes, broken road surfaces and poor drainage can lead to serious injuries.
Who is responsible when these conditions cause harm?
Common road defects that lead to accidents
Poor road maintenance can create a number of hazards for drivers, cyclists and pedestrians. Some of the most common include:
- Deep potholes that damage tires or cause loss of control
- Cracked or uneven pavement that increases the risk of trips or falls
- Erosion or soft shoulders that cause vehicles to veer off the road
- Faded lane markings or missing signs that confuse drivers
- Standing water or ice due to poor drainage design
These conditions can result in collisions, single-vehicle accidents or injuries to people on foot.
Liability under North Carolina law
In North Carolina, public roads are generally maintained by the state or local governments. The North Carolina Department of Transportation (NCDOT) is responsible for state highways, while cities and counties often handle local streets.
However, the government is not automatically liable for every road defect. Liability may depend on whether the agency had notice of the issue and failed to fix it within a reasonable time. If the defect developed suddenly and without warning, the agency may not be held responsible.
Claims involving public roads often fall under a set of rules called the North Carolina State Tort Claims Act. This law sets specific procedures and deadlines for bringing a claim against a government agency. It also limits the amount of compensation that may be awarded.
Every case is different, and determining liability for road-related injuries can be complex. Understanding the source of the defect and who maintains the road is a crucial first step.
