Government is liable for fatalities/accidents arising as a result of bad roads

Every driver is responsible for being safe on the road. However, what happens when the road is not safe for drivers? Some traffic accidents are not caused by driver’s error. Instead, one may find himself in a wreck caused by damaged roads or wrecked vehicles abandoned on the roads. When this occurs, who is responsible for the liabilities and expenses arising therefrom? When determining the government’s liability, there are several critical factors we have to consider. We often do not think of the government as a common cause of auto accidents when, in reality, many accidents are caused by federal, state and local government entities.

Government has the responsibility to design and construct public roads and highways in a manner that will be reasonably safe for all drivers and pedestrians using the roadways/sidewalks. When a roadway is itself defective in some way, the government should be held responsible for any crash and related injuries that result from its negligence. Some examples of common defects in government road designs/constructions are:

Dangerous inclines

Inadequate road drainage

Improper posted speed limits

Lack of signs warning of potentially dangerous intersections, curves, or other possible hazards

Poorly timed or defective traffic signals

Not sufficiently marking lanes or having lanes that are too narrow

Not providing an adequate shoulder area for vehicles to stop if necessary.

These are only some examples of the many different ways that local or state government agencies can be negligent in designing/constructing roads.

Government has a mandatory responsibility to ensure regular and proper maintenance of public roads. Therefore, the government may be held liable if accidents occur due to potholes, shoulder drop-offs, missing signs, abandoned accidented or faulty vehicles, faulty traffic lights or dangerous items on the roads which causes damage to a vehicle. This responsibility may extend to providing safety support services during bad weather conditions. Construction zones are also under government’s purview and must ensure maximum safety standards to protect adjoining road users. This means that if the accident stems from poor upkeep in any of those areas, the government could potentially be held liable. Of course, accidents can lead to personal injury, or damage to the vehicle, or both.

If a road user is injured or his car damaged due to poor road conditions, it will be his burden to prove that the government bears responsibility for the incident. This often requires more than oral testimony. The documentation of the act of negligence, carelessness and recklessness of the relevant government in refusing to maintain the roads and ensuring that they are safe to drive on, is very important to establish a case against the government. Report of the Motor Traffic Division of the Nigerian Police or the Federal Road Safety Corps will be of great assistance. Pictures or video of the exact road conditions should never be ruled out and must be done at the earliest time. The period for which the road has been in the bad condition without any attempt by the government to repair it, is a damaging factor against the government. It is an indisputable fact that most of the public roads in Nigeria are not motorable. So, there is a rebuttable presumption against the government.

Therefore, it should not be difficult to prove a claim for personal injuries or damaged car as a result of bad road. However, timelines are very important, as a claim may be held statute-barred if not filed within the time prescribed by law. It is shocking that inspite of the notoriety of Nigeria having bad and terrible roads, I am not aware of any case filed in any Nigerian Court against any of the governments. Nigerian Courts are also not too eager to accommodate litigants who want to challenge the status quo except the traditional claims. This country must move forward. Suing governments for their failure to maintain public roads is a duty that citizens owe the nation. It is citizens’ duty to hold government accountable at all times. Bad roads in Nigeria are now traps that criminals use to attack and rob road users.

The government of the Federal Republic of Nigeria is guided by the fundamental objectives and directive principles of State policy enshrined in Chapter 11 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the most fundamental of these objectives shall be the security and welfare of Nigerians. Therefore, the various tiers of governments must at all times priorities the security and welfare of the people. The needless deaths and injuries suffered by Nigerians on our roads are certainly an abysmal failure of government in carrying out the primary purpose of government. This should be a wake-up call to the various governments that bad roads are huge liabilities to the governments and that road users have the right to commence litigations against the governments for injuries and losses suffered.