DELVENTHAL LAW
HAZARDOUS ROADWAY ACCIDENTS
Many accidents are caused by negligent or reckless drivers, such as those who run red lights or back up without checking their mirrors. Other accidents are caused by defective parts on a vehicle, such as brakes that fail or a steering column that malfunctions.
But many Fort Wayne accidents are caused by the roads themselves. It’s no secret that Fort Wayne and surrounding areas have dangerous roadways, which can cause motorists to lose control and either crash into another motorist or hit a stationary object.
If you believe a hazardous roadway caused your collision, please contact us today. One of our Fort Wayne hazardous roadways attorneys will be happy to go over your accident and check whether you can bring a legal claim.
ROAD HAZARDS
There are many hazards that make our roads dangerous. Some of the more common include:
- Potholes. A deep pothole can damage your car when you drive over it. The pothole can also cause you to lose control of your vehicle, leading to a crash.
- Uneven pavement. Sometimes uneven pavement results when the roads are paved improperly. Uneven pavement can cause a motorist to lose control and jump into the other lane.
- Shoulder erosion. A defective shoulder is a hazard, which can cause a vehicle to rollover or slide off the road. Shoulders must be properly constructed and maintained.
- Defective or missing guardrails. Guardrails prevent vehicles from going off the road. If there are no guardrails, or if the ones erected are defective, then you could suffer a devastating accident.
- Missing or obscured stop signs. A motorist can obey a traffic sign if it is obscured by foliage or missing altogether. The city has a duty to put up traffic signs and to replace them when they are damaged.
- Unploughed roads. Snow and ice accumulation can make traffic dangerous.
- Debris in the road. Road construction is ongoing, but the construction company must not let debris accumulate in the road. Tools, wood, and other debris are obvious hazards.
BRINGING A CLAIM
Before you sue, you need to identify who is responsible for the road. Most roads in Fort Wayne are public, so the municipality and the state are responsible for making sure the roads are safe. If the road is private, then the road owner must make the road safe should he allow other people to drive on it. If you are trespassing on a private road, then the owner owes you a much lower duty of care.
Bringing a claim against a private owner is no different than suing someone for not maintaining their property adequately. You can negotiate with their insurer and then file a lawsuit, or you can go straight to the lawsuit. There are strategic advantages to each approach which you can discuss with an attorney.
If the government is responsible for the road, then different rules apply. The government is generally immune from lawsuits, but Indiana does make an exception if you were injured because of a hazardous road. Nevertheless, a Fort Wayne hazardous road attorney can help you jump through the certain hoops that are required:
- You need to give notice to the relevant government entity. This notice should include information about the date and time of your accident, as well as the hazard that contributed to your crash.
- You must provide notice within a specified amount of time. If you are suing a city or other political subdivision, you must give notice within 180 days (IC 34-13-3-8[1]). If you are suing the state, you have 270 days to provide notice (IC 34-13-3-6[2]). These deadlines are very short.
- The government might want to negotiate a settlement. This is the reason for the notice. You don’t have to agree to the settlement, but you must give the government a chance to respond to your notice before running to court and suing.
Don’t try to sue the government on your own. You might make a critical error that results in your case being dismissed. Our experienced hazardous road lawyers in Fort Wayne have the experience you need to file a case against the government.
COMPENSATION FOR A CAR ACCIDENT
You can receive compensation for a variety of losses, such as:
- Medical bills
- Lost wages
- Property damage
- Pain and suffering
If you sue a government entity, there are limits on the amount of compensation you can receive. Under IC 34-13-3-4[3], the maximum compensation for death or injury is:
- $700,000 per person
- Up to $5,000,000 for all people injured in the accident
You also cannot receive punitive damages if you sue a government entity.
GIVE US A CALL
Delventhal Law Office is here if you have been injured by a hazardous road in Fort Wayne or the surrounding areas. To get started on your case, schedule a free consultation with one of our Fort Wayne hazardous road attorneys by calling (260) 484-6655. The sooner you get started, the better position you will be in.
The Indiana law that applies to your hazardous roadway claim case
Indiana's two-year personal-injury statute at IC 34-11-2-4[4] controls hazardous-roadway claims arising from defective signage, missing guardrail, washed-out shoulders, untimely snow and ice control, or negligent construction-zone routing. When the responsible defendant is the City of Fort Wayne, Allen County, or another political subdivision, Indiana Tort Claims Act notice under IC 34-13-3-8[1] must be served within 180 days. When the responsible defendant is INDOT or another state agency, Indiana Tort Claims Act notice under IC 34-13-3-6[2] must be served within 270 days. Missing the notice clock forfeits the claim.
How insurance carriers fight Fort Wayne hazardous roadway claim claims
Hazardous-roadway defendants in Allen and surrounding counties run an aggressive notice-and-immunity defense across four primary lines of attack. First is the ICTA notice argument — the defendant insists notice was untimely served or fatally defective under IC 34-13-3-8[1] or IC 34-13-3-6[2], attempting an early dispositive ruling on technical notice grounds. Second is the discretionary-function immunity argument, where the defendant claims the design, maintenance, or signage decision is immune from suit under Indiana law. Third is the comparative-fault argument focused on driver speed, inattention, and reaction to the condition. Fourth is the third-party-contractor argument, blaming a private contractor while disclaiming any agency responsibility for the work performed at the site. We counter with INDOT crash-data analysis at the Indiana Department of Transportation[5], maintenance logs, and prior similar-incident discovery.
Evidence we preserve in the first 48 hours
Hazardous-roadway cases turn on the agency notice record and the prior-condition history preserved through public-records requests. From day one we lock down:
- Maintenance, inspection, and work-order records for the specific roadway segment going back at least three years before the crash, plus any pending repair tickets.
- Prior crash history and INDOT crash-data analysis for the segment, identifying patterns of similar single-vehicle or run-off-road events tied to the same condition.
- Photographs of the hazardous condition — missing signage, washed-out shoulder, faded striping, malfunctioning signal, or absent guardrail — taken before any repair is performed.
- Citizen complaints, 311 reports, prior letters from residents, and any internal agency memoranda identifying the hazard before the crash.
- ICTA notice itself, served within 180 days for political subdivisions under IC 34-13-3-8[1] or 270 days for state entities under IC 34-13-3-6[2], with proof-of-service preserved.
Damages categories in an Indiana hazardous roadway claim case
Hazardous-roadway damages divide into economic and non-economic categories. Economic damages cover trauma surgery, orthopedic and rehabilitation care, lost wages, and lost future earning capacity for permanently impaired survivors. INDOT crash-data analysis at Indiana Department of Transportation[5] documents the elevated injury-severity rates on segments with recurring conditions. Non-economic damages cover pain, disfigurement, and loss of enjoyment. Wrongful-death recovery under IC 34-23-1[6] applies in fatal cases. Indiana caps damages against state and political-subdivision defendants under IC 34-13-3-4[7] — knowing the cap shapes case strategy.
What our hazardous roadway claim clients ask most
How quickly do I have to file an Indiana Tort Claims Act notice?
ICTA notice under IC 34-13-3-8[1] must be served within 180 days for political-subdivision defendants — cities, counties, school districts, and townships. ICTA notice under IC 34-13-3-6[2] must be served within 270 days for state defendants — INDOT, Indiana State Police, and other state agencies. Missing either clock generally forfeits the entire claim.
Are damages capped against the government in Indiana?
Yes — Indiana caps damages under IC 34-13-3-4[7] at seven hundred thousand dollars per claimant for incidents before 2017 and now five million per occurrence with per-claimant subcaps for more recent incidents. Cap analysis shapes case strategy, defendant selection, and demand structure. Multiple claimants on a single occurrence may compete for the aggregate cap.
What kinds of road conditions support a hazardous-roadway claim?
Missing or obscured signage, defective signal timing, failed pavement markings, washed-out shoulders, absent guardrail at known run-off-road locations, untimely snow and ice control, defective construction-zone routing, and standing-water drainage failures all support hazardous-roadway claims when the agency had actual or constructive notice and failed to remedy.
Can I sue the construction company instead of the government?
Yes — INDOT and city contracts frequently delegate maintenance and traffic-control duties to private contractors. A claim against the contractor runs under standard Indiana negligence law without ICTA notice or damage caps. Identifying every contractor, subcontractor, and inspector on the segment expands the available defendant pool and the available insurance coverage.
How long do I have to file the lawsuit itself?
Indiana's general two-year personal-injury statute at IC 34-11-2-4[4] still applies — the lawsuit must be filed within two years even when ICTA notice has been timely served. Wrongful-death cases under IC 34-23-1[6] carry their own two-year clock from death. Notice is a precondition to suit, not a substitute for the two-year filing deadline.
What happens after you hire us
From the day we open the hazardous-roadway file we identify every potentially responsible agency and contractor, draft and serve ICTA notices within the 180- and 270-day clocks, and pull INDOT crash data and maintenance records under public-records requests. We retain a roadway-design or traffic-engineering expert, coordinate medical care, and demand against every available defendant. If the agency or contractor falls short of documented damages, suit is filed in Allen Superior Court. Contingency-fee — no fee unless we recover.
