While most car accidents result from driver negligence, some also result from road defects.
Defective roads can lead to collisions by forcing drivers to take evasive action, damaging tires, or making parts of the road hard to see.
According to the Oregon Department of Transportation (ODOT), in 2024, only 62% of the state’s roads were in good condition, 26% were in fair condition, and 12% were in poor condition. Portland is even worse off, reporting that 142 miles of road were good, 126 miles were fair, and 174 miles were poor.
However, the ODOT also projects that road conditions will deteriorate further over the next 10 years.
With more of Oregon’s roads in bad condition, car accidents due to road defects will likely increase. Fortunately, crash victims have legal options for seeking compensation for their injuries caused by road damage.
The primary option is usually filing a lawsuit against the state or local government responsible for maintaining the damaged road.
What Is a Road Hazard?
“Road hazard” is an umbrella term for a variety of defects and unsafe conditions involving roadways and their design, maintenance, or traffic control features that increase the risk of an accident.
Whether these hazards develop gradually or appear suddenly, they can interfere with drivers’ ability to travel safely or respond to the traffic around them.
Determining the cause of a road hazard and who was responsible for addressing it is a key element in injury claims arising from defective road car accidents.
Common Types of Road Defects That Contribute to Accidents
Many types of road conditions contribute to car crashes in Oregon. While some of these hazards may cause the accidents themselves, others worsen them.
The most common types of road defects include:
- Potholes – Holes in the road surface can form when asphalt deteriorates from weather, traffic wear, and water. Hitting a pothole at high speed can cause drivers to lose control, damage their vehicle’s tires or suspension, or suddenly swerve into another lane or off the road.
- Uneven pavement – Bumpy areas of the road often result from poor construction, weather damage, or the ground below sinking. Uneven pavement can cause a loss of vehicle control, especially on motorcycles, and sudden jolts that can make drivers overcorrect or veer off course.
- Cracked asphalt – The road surface can develop visible cracks due to age, stress, or weather exposure. If they aren’t repaired, cracks can widen over time, leading to sharp edges that can tear through tires and cause accidents.
- Missing or malfunctioning traffic signals – Traffic signals are vital for controlling the flow of vehicle and pedestrian traffic. Without clear signals or burnt-out lights, drivers may go through intersections when they shouldn’t, leading to dangerous collisions.
- Inadequate signage or markings – Road signs and markings, such as lane lines, stop signs, and speed limit signs, are necessary to guide drivers and keep roads safe. Without proper signage and road markings, drivers may stray between lanes or reach excessive speeds.
- Bad road design – Roads built with flaws can have sharp or blind turns, narrow lanes, and bad traffic flow patterns. For instance, roads with blind corners can lead to car wrecks because drivers cannot see hazards ahead, such as traffic that has come to a standstill.
- Defective guardrails – Defective guardrails may be damaged, poorly installed, or missing, reducing their effectiveness in preventing serious accidents. If a guardrail breaks, a vehicle could plummet off the side of the road and into a ravine, resulting in more serious injuries.
- Inadequate drainage leading to flooding – Inadequate drainage causes water to pool on the road surface, leading to flooding, slippery conditions, and increased road damage. Hydroplaning becomes more likely when there’s excess water on the road due to poor drainage, which can easily lead to single-car crashes or collisions with other vehicles.
- Missing or malfunctioning streetlights – Streetlights are essential for nighttime visibility. When they’re missing or malfunctioning, drivers may not see hazards or pedestrians with enough time to react.
High-Risk Corridors and Intersections in Portland
Portland’s High Crash Network lists streets and intersections with the city’s highest concentrations of serious collisions. Although it represents only about 8% of Portland streets, it accounts for 67% of traffic deaths from 2020 to 2024.
Locations ranked among Portland’s highest-crash intersections include:
- SE Foster Road and the I-205 freeway ramp
- NE Halsey Street and 122nd Avenue
- NE Glisan Street and the I-84 freeway ramp
- N Vancouver Avenue and Weidler Street
- NE Glisan Street and 82nd Avenue
- SE Stark Street and 122nd Avenue
Who Is Liable If a Road Defect Caused My Car Accident?
Depending on the factors that contributed to the road defect crash, potentially liable parties may include:
- The government agency responsible for maintaining the road, such as the City of Portland, Multnomah County, the State of Oregon, or ODOT, may be liable if it negligently failed to correct or respond to a dangerous condition within a reasonable time.
- A construction contractor or roadwork company could bear liability if negligent work created or worsened the hazardous condition.
- A utility company or other private business may be at fault if its work damaged the roadway or left it unsafe for motorists.
- Another driver or third party may be liable if their conduct contributed to the crash, in addition to the road defect.
Something to keep in mind is that Oregon follows a modified comparative negligence rule that may impact your car accident claim. ORS 31.600 reduces the compensation you can receive based on your degree of fault.
So if you were 20 percent at fault for the accident, you could only recover 80 percent of your compensable losses.
This rule also prevents you from recovering compensation if you were more than 50 percent at fault for the collision.
The responsible government agency may try to argue that you were driving negligently, such as by speeding, and contributed to the crash more than the road defect did. It’s crucial that you hire an experienced car accident attorney who can fight to reduce the impact this rule has on your settlement or trial award.
How to Establish Liability for Car Accidents Caused by Road Defects
To prove the at-fault party’s liability, you must show that they had a duty to maintain or use the road safely, failed to live up to that duty, and caused an accident that resulted in your injuries and losses.
Some types of evidence that can help establish fault in these cases include:
- Pictures and videos of the accident scene
- Maintenance and inspection records
- Prior complaints
- Repair histories
- Construction records
- Crash reports
- Witness statements
- Expert testimony
Our experienced road hazard car accident lawyers can help you secure this proof and use it to prepare a strong personal injury claim.
How Do I Pursue a Government Road Defect Claim?
Many road defects are the result of negligence when one or more governmental agencies fail to maintain or design a roadway properly.
Since state and local governments maintain Oregon’s roads, you may have to sue one of these entities to recover compensation after a car accident due to a road defect. However, government entities benefit from sovereign immunity, which shields them from many types of lawsuits.
ORS 30.265 provides exceptions to sovereign immunity, though, such as when the government entity knew of the road defect and its likelihood to cause harm but took no action to fix it.
But to use these exceptions, you must present substantial evidence to prove the government’s liability.
When a governmental agency is involved, ORS 30.275 may also require a very specific notice to the various potentially negligent governmental entities. This special notice is known as a “Tort claim notice.”
In Oregon, you must send Tort claim notices by certified mail with a return receipt to prove they were sent on time.
It is not always obvious which governmental agency is responsible, so it’s important to send it to all known potentially responsible entities.
You have up to 180 days after the collision to file your Tort claim notice before filing your lawsuit. Failure to file this notice may result in losing your right to sue.
Because of these special requirements and laws, you should have an experienced car accident lawyer on your side to help you follow all procedures and protect your rights.
Steps to Take After an Accident Caused by a Road Defect
Immediately after a collision caused by a road defect, you should do the following:
- Seek medical attention – Always get medical care after a car crash, even if you feel fine. Some injuries, such as internal damage or head injuries, don’t manifest symptoms right away. Delaying treatment could cause them to worsen.
- Report the collision to the police – Any time you’re in an auto accident, you should report it to the police. Not only is this a legal obligation, but you will likely need a copy of the police report if you plan to file an insurance claim.
- Document the accident scene – Take photos of the scene, including the damage to your vehicle, your visible injuries, and the road defect that contributed to the wreck.
- Gather witness contact information – If there are any witnesses, collect their names and contact information so your attorney can follow up for their statements.
Find the Right Road Defect Attorney for You
If you suffered an injury in a collision caused by road damage in Portland, Oregon, you need the help of a skilled road defects accident attorney.
At Rizk Law, we have the experience, tenacity, and dedication needed to demand results, proven by the millions we have recovered for accident victims.*
As a local firm owned by an Oregonian with insider knowledge of Oregon insurance company tactics, we offer personalized strategies and consistent communication throughout the whole process.
Past clients say we have
“phenomenal assistance with the most caring and awesome lawyers you can find.”
Contact Rizk Law for a free case review to learn more about how our experienced Portland car accident attorneys can help you seek the compensation you deserve for your injuries.
*Each case is unique, and past results do not guarantee future outcomes.
Sources