Accidents are sometimes caused by a defect in the road or highway rather than another driver’s negligence. Highway and road defects may include obstructions, potholes, ridges, drops in the edge of the pavement, improperly marked construction zones, and other hazards. These dangers may be grounds for a personal injury claim against the government.
Like other property owners, the government owes a duty to keep a road or highway free from defects that increase the risk of harm to the public. At the Fine Law Firm, our Albuquerque auto accident lawyers may be able to help you pursue compensation for injuries arising out of road defects.
Dangerous Roads in New Mexico
Certain roads in New Mexico have a reputation for being more dangerous than others due to constant issues, defects and hazards. Some parts of the state experience weather conditions that lead to greater wear and tear on the roads, while others are dangerous due to high speeds and heavy traffic.
Notoriously dangerous roads include:
- U.S. Route 285 (“Death Highway”)
- Central Ave. in Albuquerque from San Mateo Blvd. SE to Dorado Pl. SE
- I-40 in Albuquerque
- Gibson Blvd. SE from Valencia Dr. SE to Broadstone Way, in Albuquerque
- Lea County’s US-62 from Red Cloud R. to E-38
These roads report a higher number of serious and fatal accidents than others within the state. If possible, take safer detours to avoid these routes in New Mexico. If you must drive on a known dangerous road, take extra caution to reduce your speed, pay attention to the road and prepare to take action to avoid an accident.
Common Causes of Road Accidents
Road-related car accidents occur primarily due to poor roadway design and infrastructure, road surface problems, and bad weather. New Mexico’s terrain and unpredictable weather, from flooding rains to sandstorms, can contribute to these collisions. Poor roadway maintenance from the government is also a common crash factor.
Common causes include:
- Uneven road surfaces
- Cracks and potholes
- Damage and wear and tear
- Standing water from poor drainage
- Debris in the road
- Unsafe road design
- Missing road markers
- Faded road paint
- Inadequate signage
- Construction-related hazards
- Inadequate lighting
It is the government’s duty to recognize risks associated with New Mexico’s weather and terrain, and to take adequate steps to maintain safe roadways anyway. Government agencies are responsible for regularly inspecting city and state roads, organizing repairs as needed, and posting warning signs to protect drivers.
Proving Liability for Highway or Road Defects
In New Mexico, as in other states, governmental entities and public employees acting within the scope of their duties enjoy what is called “sovereign immunity.” Under the New Mexico Tort Claims Act, you cannot sue the state unless your case falls within an exception—an area where the state has waived its immunity. The law allows an exception for lawsuits against the state for the failure to maintain a highway.
However, if the defect is a design or planning defect, as opposed to a maintenance defect, the state keeps its sovereign immunity and damages cannot be recovered. Accordingly, some personal injury cases turn on the issue of whether the defect that caused the accident was a maintenance issue or a design issue. Generally, the state has a duty to correct any safety issues or dangerous conditions, whether or not they were caused by a design issue. If the state knows or should know of a dangerous condition, it is required to take measures to fix the problem.
Who Is Liable?
Liability for a particular danger or defect generally lies with the agency that is responsible for the construction and has control of the location of the danger. In some cases, a private company with a government contract to make repairs, perform construction, or maintain the road may also be responsible and face a civil suit for damages.
If you are hurt by a highway or road defect, you would need to prove that the defendant entity owed drivers a duty of care to investigate and repair dangers, that it failed to perform that duty, that the neglect resulted in a defect or hazard, that the hazard caused your accident, and that you incurred damages.
Statute of Limitations on a Government Claim in New Mexico
When you are suing a government entity, you will need to give written notice within a short window of time, generally within 90 days of the accident. If you have not given the appropriate notice within the requisite time period, you may not be able to continue with your lawsuit.
Once you give your notice to the correct government agency, you will have three years to file your lawsuit under New Mexico Statutes Annotated §37-1-8. This is the general personal injury statute of limitations on auto accident cases.
Seek Compensation with an Albuquerque Attorney
Highway defects or road defects can result in serious injuries. At the Fine Law Firm, our experienced Albuquerque personal injury lawyers know what procedures New Mexico residents need to follow to pursue compensation from the government. We can help you seek the maximum possible damages available to you under the circumstances. Contact us via our online form or call us at (505) 243-4541 to set up a free consultation. The Fine Law Firm also represents accident victims in Rio Rancho and elsewhere in New Mexico.