San Jose’s road repair backlog continues to grow. A local report estimated the city needs over $1.7 billion in repairs, with more than $500 million tied to deteriorated pavement and drainage issues. When a crash involves one of these hazards, the driver is not always the one to blame.
If your car hits an unmarked pothole, slides on loose gravel or veers due to uneven asphalt, your response may have been the only safe option. The more important question becomes: Why was that hazard never fixed?
When is the road the real culprit?
Poor road conditions are not always a surprise. Often, the problem had been reported before the crash or it was visible long enough that someone should have addressed it. When a responsible agency fails to act and that inaction leads to an accident, liability can shift. That decision typically depends on these four elements:
- Negligence: A pothole in a high-traffic zone that drivers reported through 311 but that remained unrepaired may indicate negligence. If the damage to your vehicle caused it to cross into another lane, the city’s failure to respond could support a legal claim.
- Duty of care: Local and state road authorities are required to monitor and maintain roadways, signage, storm drains and shoulders. If a crash occurred because of missing lane markings or blocked runoff during rush hour, that lack of attention matters.
- Breach of duty: When agencies ignore repeated complaints or fail to follow up on visible issues, they may have breached their legal obligation. A storm drain that collapsed and contributed to a crash, despite prior warnings, can signal that breach.
- Causation: The road hazard must directly contribute to the incident. For example, if your vehicle hydroplaned in standing water caused by a drain the city left clogged for weeks, that connection could establish fault.
Timing also matters. California drivers typically have only six months to file a claim against a government entity. Waiting longer may close the door entirely, even with clear evidence.
Bad roads should not leave you with the blame
Hazardous roads often put drivers in situations they cannot prevent or control. If your crash stemmed from a condition that had no warning or should have been repaired, the fault may lie elsewhere. Documentation such as maintenance records, eyewitness accounts and photos can help show who failed to act when it mattered most.