When is road authority liable for bad road surface?

In the Netherlands, road authorities are responsible for the roads in their area. We are talking about municipalities, provinces and Rijkswaterstaat. They have to regularly check and maintain the roads in their areas. Road authorities must also take action if a road is damaged. Does this not happen? Then the road authority is not fulfilling its duty of care. You and other road users then run the risk of an accident.

The road authority is usually liable if you suffer personal injury due to a poor road surface. We can hold the road authority liable for you for accidents caused by:

And other accidents caused by a bad road surface.

Has a bad road surface been discovered somewhere? Then the road authority must make sure it is repaired. The road authority cannot place a warning sign on its own. In the meantime, however, the road authority can place a warning sign. And during roadworks, part of the road may also be closed off.

Have you suffered personal injury due to a bad road surface? If so, please contact us. We can investigate for you whether the road authority can be held liable.

Road authority liable for accident caused by road works?

Suppose you have an accident due to work on a poor road surface. For example, you may:

  • slip or slip due to loose pebbles
  • falling into a hole

Then the road authority is liable if no warning has been given about the roadworks. If there are warning signs, you are expected to pay close attention.

To her dismay, a client of JBL&G suddenly sank through a pavement. In this situation, the road authority was not liable but a water supply company. The waterworks company was repairing a leak. The entire street and pavement were flooded as a result. Unfortunately, there was no warning about the works. There were no warning signs and the road was not cordoned off. JBL&G therefore successfully held the waterworks company liable for the victim’s personal injury. The woman received over 4,200 euros in compensation and damages.

Curious about our clients’ experiences? On average, our legal assistance is rated 9.7.

When is the road authority not liable?

There are also situations when the road authority is not liable for your personal injury. Suppose you suffer personal injury due to a bad road surface that has just occurred. Then the road authority has not yet been able to notice the bad road surface. Or been able to get a report about it from another road user. The road authority has therefore not yet had time to:

  • erect a warning sign and;
  • repair the poor road surface.

In this situation, the road authority cannot prevent the risk of an accident. Therefore, the road authority cannot be held liable.

Wondering whether you can claim compensation in your specific situation? Then get in touch with us. One of our lawyers will be happy to find out for you.

Roadmap after accident caused by bad road surface

An accident caused by a bad road surface can give you the fright of your life. It is important that you act quickly. But what exactly should you do after the accident? Take the following 5 steps.

You suffer damages due to a bad road surface: physical, emotional and financial damages. All items of damage below must be compensated by the liable road authority. One of our experienced lawyer will calculate and claim the maximum compensation for you.

Step 1A bad road surface, for example, is one with a crack in it.

Taking photo's

Take pictures of the bad road surface, the road and your injury claim. When taking photos of the road, think of hectometre posts and street signs. This way, you can show exactly where the accident happened.

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Approaching witnesses

Ask witnesses for their details. Witnesses are important in a personal injury case to prove the cause of the accident.

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Medical aid

Always get your injuries treated immediately in hospital or by your general practicioner. Even for very minor injuries, such as scrapes, bruises or headaches. In fact, your visit to a doctor is evidence of the cause of the accident. Moreover, your symptoms may be more serious than you expect.

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Call in a lawyer

Contact us to have the road authority held liable.

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Keeping a logbook

Keep a logbook from the day of the accident. Write down all events and claims in this. Also keep all receipts of bills you had to pay.

What happened?

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Why we recommend legal assistance

You have suffered physical, emotional and financial damage due to a bad road surface. You therefore want to claim compensation from the liable road authority. Claiming damages is a complicated legal task. That is why we advise you to look for an experienced lawyer. Legal assistance for personal injury has many advantages for you as a personal injury victim. If you choose our personal injury law firm, you will get a personal lawyer who:

  • handles all steps in the personal injury process for you
  • listens to your wishes
  • always goes for the maximum compensation for your damages
  • keeps you informed of all e-mails, letters and conversations about your personal injury case
  • you do not charge any fees because our out-of-court costs are reimbursed by the other party

JBL&G also has 20 years of experience in successfully concluding personal injury cases.

Would you like one of our lawyers to become your personal lawyer? Then leave your name and phone number on the contact form. Tell us about your personal injury and the bad road surface. One of our lawyers will call you back the same working day.

Frequently asked questions from personal injury victims

What constitutes personal injury?

All physical, mental and material damage resulting from an accident. All resulting damages are eligible for compensation. You will find out more about all possible damages in personal injury here.

Free legal assistance for personal injury, that is not possible at all, is it?

Yes, it is possible at JBL&G. This is because we submit the costs incurred by JBL&G’s personal injury lawyers to the other party on your behalf. Under Dutch law, these costs must be paid by the other party. Should the latter not pay everything, we take that risk ourselves. We will never charge you for the cost of our legal assistance.

How do I know if JBL&G’s legal assistance is reliable and expert?

Our firm meets all the requirements set by the Personal Injury Council. This ensures professional handling of your personal injury case. Furthermore, we are a member of the Personal Injury Quality Mark. Read the experiences of clients who have gone before you and you can be sure that you are in good hands with the lawyers at JBL&G.