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In This Guide
Why a Hazardous Roadway Claim Differs from an Ordinary Crash Claim
When a crash is caused by a dangerous condition on a public road, a government entity may be responsible. Depending on the roadway, that could include the City of Las Vegas, Clark County, or the State of Nevada. Claims involving government entities are subject to specific rules, deadlines, and limits on recoverable damages. If a road defect caused your crash, it is important to act promptly because claims involving government entities are subject to specific statutory requirements and deadlines.
A hazardous roadway is a road made dangerous by something other than a driver: a pothole or crumbling surface, a missing or hidden sign, a signal that was dark or mistimed, standing water with nowhere to drain, an unmarked lane shift in a work zone, or an obstruction no one cleared. When one of those causes a crash, the question is who was responsible for the road, and what they knew about the hazard.
Who Is Responsible for a Dangerous Road?
Responsibility for a road usually sits with a government entity, and which one depends on the road. A state highway is the state’s; a city street is the city’s; a county road is the county’s. Nevada has agreed to be sued for this kind of harm. Under NRS 41.031, the State and its political subdivisions waive their immunity and can be held liable under the same rules that apply to a private defendant, subject to the limits that follow.
A private party can be responsible too, where a contractor left a work zone unsafe or a property owner created a hazard that spilled onto the road. Identifying every responsible party early matters, because the government defendant comes with limits a private one does not.
The Rules That Govern a Hazardous Roadway Claim Against the Government
Three limits shape a hazardous roadway claim against a government entity:
|
Rule |
What It Means |
Why It Matters to Your Claim |
|---|---|---|
|
Discretionary-function immunity |
The government cannot be sued for a discretionary policy or design decision, even one later shown to be a poor choice. |
The claim has to be framed as an operational failure to maintain a known hazard, not as a second-guess of a design decision. |
|
No liability for failure to inspect or discover |
The government is not liable merely for failing to inspect a road, or for failing to discover a hazard. |
This is why proving the entity had actual notice of the hazard, through prior complaints or work orders, is usually the heart of the case. |
|
The damages cap |
An award against a government entity is capped at $200,000 per claimant, exclusive of interest, and cannot include punitive damages. |
It makes identifying any additional, non-government defendant valuable, since that defendant is not capped. |
There is also a claim procedure and a deadline. A claim against the State is presented to the Attorney General, and a claim against a city or county to its governing body, within two years (NRS 41.036). Under NRS 41.036(3) that filing is not a condition precedent to suing, but doing it correctly and on time is part of preserving the claim, and it is one more reason not to wait.
What Is My Hazardous Roadway Case Worth?
What your case is worth depends on the severity and permanence of your injuries, what they cost you in treatment and lost earnings, and, in a claim against a government entity, the statutory cap. Where a private party such as a work-zone contractor also shares fault, we look hard for every responsible party rather than stopping at the road authority.
Our guide to the damages available in a Nevada injury claim covers the categories. Nevada also uses comparative negligence (NRS 41.141), so being partly at fault reduces recovery rather than ending it.
What To Do After a Crash Caused by a Road Defect
After a road-defect crash, document the hazard before it is repaired, because a government entity can fix a pothole within days of the crash that caused it. Four things do most of that work:
- Get medical attention the same day.
A same-day record leaves no gap for an insurer or a government adjuster to argue your injuries came from something else. If your regular doctor cannot see you the same day, go to an urgent care. - Photograph the hazard and the scene.
The defect itself, its size, the lane it sat in, any missing sign or dark signal, and the surrounding road. If you can safely include something for scale, do. The hazard may be gone within days. - Make sure police attend and get the report number.
The officer’s report records the condition of the road at the time, which is harder to establish once it is repaired. - Call before the claim deadline runs and before the road changes.
A claim against a government entity has a presentment step and a two-year deadline, and the evidence of the hazard is perishable. Both are reasons to act early.
Was your crash caused by a road defect?
Call (702) 382-0000 and tell us what happened, and what the road looked like. If a government entity may be responsible, there are steps worth taking now.
Questions About Hazardous Roadway Claims In Las Vegas
Talk to a Hazardous Roadway Accident Lawyer in Las Vegas
Walk us through the crash and the condition of the road. Our hazardous roadway accident attorneys have stood up for Las Vegas crash victims for more than 35 years, and you reach the same law firm day or night, not an answering service.
This article is for general information only and is not legal advice. Reading it does not create an attorney-client relationship. For advice about your specific situation, talk to a qualified Nevada attorney.
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