Who is legally responsible when a pothole or crumbling pavement on a Shreveport road caused my accident?

Responsibility depends on which government entity owns and maintains that road. State highways fall under the Louisiana Department of Transportation and Development; city streets fall under the City of Shreveport; parish roads fall under Caddo Parish. Identifying the correct defendant requires checking the road classification, which your attorney can determine through DOTD records or a public records request.

Does Louisiana law limit my right to sue the government for a road-condition accident?

You can bring a claim against a Louisiana government body for failing to maintain a road in a reasonably safe condition, but specific procedural requirements apply. You must give timely written notice of the claim before filing suit, and the deadlines are shorter than the standard prescriptive period for personal injury. Failing to satisfy notice requirements can bar a valid claim entirely.

What is the filing deadline for a personal injury claim after a poor-road-condition accident in Louisiana?

For injuries on or after July 1, 2024, the prescriptive period is two years under La. C.C. Art. 3493.1. For injuries before that date, the one-year period under La. C.C. Art. 3492 applies. Government notice-of-claim deadlines often run shorter and must be met separately before you can proceed with a lawsuit.

Can the government argue I was partly at fault for hitting a pothole or road defect in Shreveport?

Under La. C.C. Art. 2323, Louisiana follows modified comparative fault. A government defendant can argue you were driving too fast, were distracted, or knew about the condition. If the jury assigns you less than 51 percent of the fault, your compensation is reduced by that amount; at 51 percent or more you recover nothing. Documenting the road defect and your reasonable driving keeps your share down.

What evidence is most important in a poor-road-condition accident claim in Louisiana?

Photographs of the defect taken as soon as possible after the crash are critical, because road crews can repair potholes or resurface pavement before litigation. Maintenance logs, prior complaint records, and inspection reports from the responsible agency show whether the government knew or should have known about the hazard. An accident reconstruction expert can link the road defect to the crash mechanics.

Can I bring claims against both a government road authority and a private contractor if both contributed to the dangerous road condition?

Yes. Under La. C.C. Art. 2324, fault can be allocated among multiple defendants. If a private contractor performed substandard resurfacing or drainage work that contributed to the defect, that contractor is a proper defendant alongside the government entity. Each party's share of responsibility is determined by the evidence at trial.

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Trusted Poor Road Conditions Accident Lawyers

Trey Morris and Justin Dewett, Morris & Dewett Partners

There are plenty of qualified attorneys in Caddo Parish. You are doing your research, which means something has happened and you want to understand your options. No one reads lawyer websites until they need one. Our clients came to us after they were injured in car accidents caused by poor road conditions. This page explains what you need to know about these cases in Shreveport. Read it. Compare us. Your decision.

Bad Roads Accident Attorneys

Most car accidents happen as a result of human error. However, there are times when poor road conditions are to blame for road accidents. Such conditions can make it harder for Louisiana motorists to control their vehicles, putting many road users at risk. When risky, unsafe roads cause accidents, injured parties may be eligible for damages once they file personal injury claims. (In legal terms, the person who files the claim is called the plaintiff.)

Morris & Dewett Injury Lawyers has handled car accident cases in Louisiana, including cases where poor road conditions were a contributing factor. If bad road conditions were involved in your Shreveport accident, our attorneys will investigate the facts of your case and identify all parties whose negligence contributed to the crash.

If you have questions about your bad road conditions accident in Shreveport, Morris & Dewett Injury Lawyers is here to help. Our legal team will listen to your side of the story and advise you regarding your legal options.

What Causes Dangerous Road Conditions?

Even though negligent drivers are liable for most motor vehicle crashes, poor road conditions can also cause catastrophic accidents on Shreveport roads. Louisiana has been ranked among the top 10 states in the U.S. with the worst roads.

Poor road conditions may result from acts of nature, normal wear and tear, or the negligence of other parties. Factors that contribute to poor road conditions and car accidents in Shreveport include:

Potholes and pavement failures
Uneven road surfaces
Debris on the roadway
Wet, icy, or slippery surfaces
Missing or inadequate road signs and signals
Poor road design or improper grading
Construction zone hazards
Inadequate street lighting
Faded or missing lane markings
Shoulder drop-offs

Who Can I Sue for My Injuries?

Car crashes due to bad road conditions do not just happen. The car accident lawyers at Morris & Dewett Injury Lawyers can look into the facts of your case and help you determine who is liable for your crash.

To find the at-fault party, you must determine the exact cause of your car crash. Various parties may be responsible for installing and maintaining different road features. In a bad road conditions accident, there may be more than one party to blame.

Possible defendants in a bad road conditions accident lawsuit include:

State of Louisiana (LADOTD - Louisiana Department of Transportation and Development)
Caddo Parish or the City of Shreveport
Private contractors responsible for road construction or maintenance
Property owners whose land abuts the roadway
Utility companies that disturbed road surfaces
Manufacturers of defective road construction materials

Identifying the correct defendant requires investigating maintenance records, jurisdiction boundaries, and contracts. An attorney can request and review these records on your behalf.

How Do I Prove Negligence in a Car Crash Caused by a Dangerous Road?

After a motor vehicle accident involving bad road conditions, contact an attorney as soon as possible. A lawyer can gather evidence to prove who is responsible for your accident.

You may also have an idea of what caused your car accident. If you hit a pothole that forced your car to overturn, it may be obvious that the pothole led to your accident. You still need the help of an experienced attorney to prove that the pothole caused your accident, your injuries, and your actual damages (the measurable losses such as medical bills, lost wages, and property damage).

The specific evidence for your car accident claim will depend on the facts of your case. Common types of evidence used to prove fault in a bad road conditions accident include:

Police accident reports documenting road conditions at the scene
Photographs and video of the road defect taken at or near the time of the accident
Prior complaints or work orders about the specific road hazard
Maintenance and inspection records from the responsible government agency or contractor
Weather and visibility records for the date of the accident
Expert testimony from accident reconstruction specialists
Medical records and bills documenting your injuries
Witness statements from people who saw the accident or the road defect

Gathering and analyzing evidence is important when proving fault. Working with a lawyer who can prepare and file your claim, handle settlement talks, and, if necessary, represent you in court gives you the best chance at recovery.

Schedule Your Consultation

If a car crash caused by poor road conditions injured you, understanding who is liable and what evidence supports your claim matters before you file. An attorney can review the facts of your case and tell you what your options are.

Morris & Dewett Injury Lawyers handles these cases in Shreveport and across Louisiana. View our case results to understand the types of cases we handle. Contact us to find out if you have a case.

Frequently Asked Questions

These are questions people often ask about this type of claim in Shreveport. The answers reflect Louisiana law and are general information, not legal advice for your specific situation.

Who is legally responsible when a pothole or crumbling pavement on a Shreveport road caused my accident?: Responsibility depends on which government entity owns and maintains that road. State highways fall under the Louisiana Department of Transportation and Development; city streets fall under the City of Shreveport; parish roads fall under Caddo Parish. Identifying the correct defendant requires checking the road classification, which your attorney can determine through DOTD records or a public records request.
Does Louisiana law limit my right to sue the government for a road-condition accident?: You can bring a claim against a Louisiana government body for failing to maintain a road in a reasonably safe condition, but specific procedural requirements apply. You must give timely written notice of the claim before filing suit, and the deadlines are shorter than the standard prescriptive period for personal injury. Failing to satisfy notice requirements can bar a valid claim entirely.
What is the filing deadline for a personal injury claim after a poor-road-condition accident in Louisiana?: For injuries on or after July 1, 2024, the prescriptive period is two years under La. C.C. Art. 3493.1. For injuries before that date, the one-year period under La. C.C. Art. 3492 applies. Government notice-of-claim deadlines often run shorter and must be met separately before you can proceed with a lawsuit.
Can the government argue I was partly at fault for hitting a pothole or road defect in Shreveport?: Under La. C.C. Art. 2323, Louisiana follows modified comparative fault. A government defendant can argue you were driving too fast, were distracted, or knew about the condition. If the jury assigns you less than 51 percent of the fault, your compensation is reduced by that amount; at 51 percent or more you recover nothing. Documenting the road defect and your reasonable driving keeps your share down.
What evidence is most important in a poor-road-condition accident claim in Louisiana?: Photographs of the defect taken as soon as possible after the crash are critical, because road crews can repair potholes or resurface pavement before litigation. Maintenance logs, prior complaint records, and inspection reports from the responsible agency show whether the government knew or should have known about the hazard. An accident reconstruction expert can link the road defect to the crash mechanics.
Can I bring claims against both a government road authority and a private contractor if both contributed to the dangerous road condition?: Yes. Under La. C.C. Art. 2324, fault can be allocated among multiple defendants. If a private contractor performed substandard resurfacing or drainage work that contributed to the defect, that contractor is a proper defendant alongside the government entity. Each party's share of responsibility is determined by the evidence at trial.