Not all car accidents are caused by other drivers. Sometimes, road defects like potholes, uneven surfaces, or missing signs can lead to serious injuries. When this happens, you may be able to claim compensation from the council or road authority responsible for maintaining the road.
However, making a compensation claim against a government body is different from a standard car accident claim. You need to prove that the road authority was negligent in maintaining the road and that this directly caused the motor vehicle accident.
If you’ve been injured in a car accident due to a dangerous road condition, this guide explains your legal rights, the challenges in making a claim, and what compensation payout you may be entitled to.
When is a road authority or council responsible for an accident?
Local councils and road authorities are responsible for ensuring roads are safe. However, proving they are liable for a motor accident caused by a road defect can be challenging.
What makes a council or road authority legally responsible?
A compensation claim may be possible if:
- The authority knew or should have known about the road defect but failed to fix it in a reasonable time.
- The defect was dangerous enough that it posed a risk to road users.
- The defect directly caused the car accident and resulted in physical injury, economic loss, or medical expenses.
Common road hazards that could lead to claims
- Potholes – Large, deep potholes can cause drivers to lose control.
- Faded or missing road markings – Poor visibility can lead to crashes.
- Faulty traffic lights – Malfunctioning lights can result in intersection collisions.
- Poor drainage – Water pooling on the road can lead to skidding or aquaplaning.
- Uneven road surfaces – Loose gravel or sudden height changes can cause loss of control.
While councils and state road authorities are responsible for fixing road hazards, they may argue that they were unaware of the issue or that they had a reasonable maintenance program in place. This makes proving fault difficult without strong medical evidence, police reports, and witness statements.
Challenges in making a claim against a council or road authority
Making a compensation claim against a council or road authority is not as straightforward as filing a car accident claim against another driver. Government bodies often have legal protections that make it harder for injured people to hold them accountable.
Key obstacles in road defect claims
- Proving negligence – You must show that the road authority or council failed in their duty of care by not maintaining the road properly.
- Government immunity – Some councils and road authorities have protections under the law, making it difficult to sue them unless you can prove gross negligence.
- Strict time limits – In Queensland, claims against government bodies must be made within specific legal timeframes. If you wait too long, you may lose your right to seek compensation.
- Evidence requirements – Unlike a standard motor vehicle accident claim, you must gather extensive medical evidence, police reports, and witness statements to prove the road defect caused your injuries.
- Partial liability disputes – If the council argues that your driving contributed to the accident (e.g., speeding or distracted driving), your compensation payout could be reduced.
When councils may not be held responsible
Even if a road defect caused your motor accident, the council may not be liable if:
- The defect had only just appeared, and they had no reasonable time to fix it.
- A reasonable inspection and maintenance system was in place.
- The accident could have been avoided by careful driving.
These defences make it critical to have strong legal support when seeking compensation for injuries caused by a road hazard. An experienced lawyer can assess your case and help prove negligence against the road authority or council.
How to strengthen your claim if a road defect caused your accident
If you have been injured in a car accident due to a road defect, gathering strong evidence is crucial to support your compensation claim. Because councils and road authorities often deny liability, you need clear proof that the defect caused your accident and that the responsible authority failed to maintain the road properly.
Steps to take after the accident
- Take clear photos of the accident scene, showing the road defect, skid marks, and any damage to your vehicle.
- Obtain witness statements from people who saw the accident or were aware of the hazard.
- Report the road defect to the local council or relevant road authority as soon as possible.
- Seek medical treatment immediately and keep all records of your injuries and medical expenses.
- Obtain police reports if officers attended the accident scene, as these reports can be valuable evidence.
Why early legal advice is important
A successful claim against a government body requires a strong case. Seeking legal advice early can help you:
- Determine if the road authority had prior knowledge of the defect.
- Gather expert reports to support your claim.
- File all necessary paperwork within the legal time limits.
- Negotiate with the relevant authority or insurance company to ensure you receive the maximum compensation available.
As we mentioned above, claims against councils and government bodies are complex, so working with an experienced car accident lawyer can significantly improve your chances of success.
What compensation can you claim?
If you have been injured in a car accident caused by a road defect, you may be entitled to claim compensation for your losses. The amount you receive depends on the severity of your injuries, the financial impact of the accident, and whether the road authority can be held liable.
Types of compensation available
- Medical expenses – Covers hospital treatment, surgeries, rehabilitation, and ongoing care.
- Lost wages – If your injuries prevent you from working, you can claim for lost income, including future earnings if you are unable to return to your job.
- Pain and suffering – Compensation for the physical and psychological impact of the accident, including post-traumatic stress disorder or long-term trauma.
- Vehicle repairs or replacement – If your car was damaged due to a road defect, you may be able to claim the cost of repairs.
- Rehabilitation costs – Covers physiotherapy, counselling, and other recovery-related expenses.
- Lump sum payment – In cases of permanent impairment, you may be entitled to a lump sum as part of your compensation payout.
Factors that may affect your compensation payout
- The severity of your injuries and whether they result in permanent impairment.
- Whether the council or road authority can be proven negligent.
- Any evidence suggesting you were partially responsible for the accident, such as speeding or distracted driving.
- Time limits for lodging your claim.
How South East Injury Lawyers can help
Filing a claim against a council or road authority comes with unique challenges. Government bodies often argue that they were unaware of the hazard or that they had taken reasonable steps to maintain the road. Without strong evidence, claims can be delayed or denied, leaving injured drivers struggling with medical expenses, lost wages, and the long-term effects of their injuries.
At South East Injury Lawyers, we understand the complexities of these claims and how to prove negligence against a council or road authority. So, if a road defect caused your accident, you do not have to navigate the claims process alone. Seeking legal advice early can help you understand your rights and improve your chances of securing fair compensation. Contact South East Injury Lawyers today to discuss your case and explore your options.
