Liability in Accidents Involving Poorly Maintained Roads

Dangerous Road Conditions roadways road conditions

Published: January 26, 2021 • Updated: April 27, 2026 

Each year, thousands of miles of roadway fall into disrepair, leaving drivers to navigate hazards such as potholes, worn pavement, and damaged guardrails.

In Missouri, the Missouri Department of Transportation (MoDOT) is responsible for planning, designing, constructing, and maintaining the state’s extensive highway system—more than 33,000 miles of roads and over 10,000 bridges and culverts. This includes routine inspections, repairs, winter treatment, and ensuring that road markings and safety features meet required standards.


When Poor Road Conditions Lead to Accidents

Dangerous Road Condition Roadways road conditions potholes road hazards poorly maintained

Potholes lead to dangerous roadways

Accidents involving highway defects and poorly maintained roads can be extremely challenging. In some cases, when a driver causes an accident because of a pothole, damaged guardrail, or missing roadway sign, the state is liable for damages. But that may not always be the case.

Roads are designed, built, and maintained by a number of organizations. That could include private organizations, municipalities, counties, states, and the federal government (but they are typically maintained by cities, counties, and states).

Local, state, and federal agencies are required to design safe roads. This means all roads must comply with the standards set by the American Association of State Highway and Transportation Officials (AASHTO). In addition, all roadway signage must comply with the standards set by the Manual for Uniform Traffic Control Devices (MUTCD). When these standards are not met, dangerous conditions can result.

Because these cases often involve government agencies or multiple parties, it’s important to work with a personal injury attorney experienced in roadway‑defect claims.

Contact us today for a free review of your case.


Common Dangers of Improperly Maintained Roads

Unmaintained or poorly maintained roadways can contribute to accidents in many ways, including:

  • Poor road design
  • Missing or damaged roadway signs
  • Poorly marked construction zones
  • Failure to repair potholes, medians, and other roadway defects
  • Missing or damaged guardrails
  • Overgrown vegetation blocking visibility
  • Rust and corrosion on older bridges
  • Untreated roads during winter weather
  • Malfunctioning or poorly maintained traffic signals
  • And much more

Whether or not you decide to make a claim, hazardous road conditions should always be reported.


Have questions? Contact us at (877) 284-6600.


Why Hire Nash & Franciskato?

If you were seriously injured in a car or truck accident where a roadway defect played a role, the Nash & Franciskato Law Firm can help. We have a strong track record of holding responsible parties accountable and helping victims recover the compensation they deserve.

Our Kansas City–based legal team fights for clients across Missouri. When you contact us, one of our experienced staff members will speak with you directly and provide a free, no‑obligation case evaluation.

Contact Nash & Franciskato today at (877) 284‑6600 for a free, no-obligation review of your case.

Contact us today for a free review of your case.

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