Can You Sue for Injuries Caused by Road Hazards in Nova Scotia

We don’t always think of roads as dangerous—until they are. A sudden pothole. A chunk of debris. A shoulder that gives out under your tires. In a split second, something that was just there becomes the reason you’re injured, out of work, or dealing with insurance headaches.

So, can you sue for road hazards in Nova Scotia? The answer, like most things in personal injury law, is: it depends.

You may be able to pursue compensation if another party, such as the government, a private contractor, or an individual driver, failed to maintain a safe roadway or created the hazard through negligence. However, success often comes down to the details: what kind of hazard was involved, who was responsible for that stretch of road, and whether there was a reasonable opportunity to fix it or warn drivers.

Here’s what you need to know about liability, compensation, and your next steps if a road hazard caused your injury.

Common Road Hazards in Nova Scotia

Nova Scotia’s roadways can be unpredictable, especially after a rough winter or in rural areas with limited upkeep. The hazards vary, but some show up more than others.

Potholes

The most common culprit. Potholes can wreck tires, crack axles, and in some cases, send drivers into oncoming traffic or ditches. A bad pothole at highway speed is more than just annoying—it can be life-altering.

The jolt from a deep pothole can trigger whiplash-like symptoms, cause loss of control, or damage a vehicle’s alignment so severely that an accident occurs minutes or even hours later. We’ve seen cases where passengers were injured because the driver lost control trying to swerve around a pothole, highlighting how even “avoidable” hazards can have ripple effects.

Debris

Fallen tree limbs, construction materials, unsecured cargo—any of these can become dangerous obstacles. Sometimes it’s a rock that flew out of a dump truck. Other times, it’s a mattress or ladder left behind on a highway shoulder.

Even a split-second swerve to avoid debris can lead to major crashes. And if the object wasn’t visible in time or came from another moving vehicle, identifying the source may be difficult but not impossible, especially if you have dashcam footage or a witness.

Poor Road Maintenance

Unmarked construction zones, faded lane markings, crumbling shoulders, or missing guardrails—these all fall under poor maintenance. When municipalities or contractors fail to meet basic safety standards, accidents can happen. And if those accidents lead to injury, it may be grounds for a road hazard injury Nova Scotia claim.

These situations often involve a pattern of neglect, stretching weeks or months, where the responsible party had time and resources to act but didn’t. The longer a hazard remains unaddressed, the stronger your case tends to be.

Legal Framework: Who Is Responsible?

The big question in any road hazard injury case is: who’s at fault? And the answer depends on who had the duty to keep that road safe.

Government Liability

In many cases, roads are maintained by municipal or provincial governments. This includes the responsibility to inspect roads, repair hazards within a reasonable time, and warn drivers of known dangers.

You might be wondering: Can I sue the city for road hazard injuries in Nova Scotia? In some cases, yes—but only if you can prove the government failed in its duty to maintain a safe roadway. These claims often hinge on whether the hazard was known (or should have been known) and whether there was a reasonable opportunity to address it.

If you’re suing for pothole damage in Nova Scotia, evidence of when the pothole was first reported, whether inspections were done, and how long the issue persisted will be key. Requesting maintenance records through access-to-information laws can also strengthen your case.

Private Contractors

Sometimes, road maintenance is outsourced to private contractors. If they fail to perform work safely or leave hazards behind (like loose gravel or missing signage), they could be liable.

These cases often involve multiple parties: the contractor, the subcontractor, and sometimes the overseeing government agency. Proving liability here may include showing that contract terms were ignored or industry standards weren’t followed.

In some cases, contractors leave behind dangerous materials, like exposed steel rods or unsecured signage—after roadwork is completed. If these hazards result in injury, the contractor may be held liable, especially if it can be shown that industry safety standards were not followed or cleanup procedures were neglected.

Other Drivers

In some cases, the hazard was created by another motorist, like someone who lost cargo without realizing it or failed to secure a trailer. If you can identify them, they may be held accountable.

But if the responsible driver can’t be identified, you might still have recourse through your own insurance policy’s unidentified motorist coverage. It’s not always simple, but it can help fill the gap when another party can’t be located.

Challenges in Suing for Road Hazard Injuries

Pursuing a Nova Scotia road hazard claim is possible, but not always easy. Here are some obstacles you might encounter.

Proving Negligence

This is key in any injury claim. You’ll need to show that the party responsible failed in their duty to maintain safe roads, and that their failure directly caused your injury.

You must also prove that the harm was foreseeable. That is, the hazard posed a clear and predictable risk to road users. The more evidence you gather to illustrate that others reported the same danger, or that similar incidents occurred in the same area, the stronger your case will be.

Contributory Negligence

The other side may claim you were partly responsible. Were you speeding? Distracted? Swerving unnecessarily? Even if their hazard played a role, they might argue that your actions contributed to the crash.

In Nova Scotia, compensation can be reduced if you’re found partially at fault. If a court determines you were 30% responsible, your compensation may be reduced by that amount. This makes thorough documentation—photos, medical records, even road condition reports—crucial in limiting shared liability.

Government Immunity

Some government bodies have immunity under provincial legislation, protecting them from certain lawsuits. But this isn’t absolute.

Governments may avoid liability by showing they met the standard of care through regular inspections or public warnings. However, if they skipped routine procedures or ignored public reports, that protection may no longer apply. It’s not always black and white, which is why legal guidance matters early.

Compensation You May Be Entitled To

If your claim is successful, what can you recover? Here’s a look at the damages typically available in a road hazard claim.

Medical Expenses

This includes hospital bills, physiotherapy, prescription medications, psychological counselling (if needed), and any assistive devices. Future care costs may also be considered if your injury is long-term.

Expenses can also include transportation to medical appointments or home accessibility modifications—details that are sometimes overlooked but can be significant in the long term.

Lost Wages

If your injury prevents you from working, or will impact your future earning ability, you can claim for income loss. This can include both past and future wages, depending on your condition and occupation.

Some claims also include lost employment opportunities—like missed promotions or career advancement setbacks—if you can demonstrate that your injury disrupted your trajectory.

Pain and Suffering

This is meant to compensate for physical discomfort and emotional distress. There is a cap on non-pecuniary damages in Canada (established by the Supreme Court), but each case is unique.

Pain and suffering awards consider both the intensity and duration of your condition. Chronic pain, loss of enjoyment of life, sleep disturbances, or lasting mental health effects are all part of the equation.

Steps to Take After a Car Accident Caused by Road Hazards

Building a solid case starts the moment the incident occurs. Even if you’re unsure about suing, these early actions can protect your rights and improve your position.

If you’re looking for clear legal steps after hitting a pothole in Nova Scotia, it’s important to treat the situation like any other serious accident. That means collecting documentation, notifying authorities, and getting medical care promptly—even if the damage seems minor at first. These early actions lay the groundwork for any claim you may need to file later.

Immediate Actions

Seek medical attention—even if your injuries seem minor at first. Many issues don’t surface right away, and medical records are foundational to your case.

At the same time, notify the appropriate municipal or provincial road authority about the hazard. The earlier this is documented, the harder it is for the responsible party to deny knowledge later.

Gather Evidence

Take photos of the hazard, your vehicle, your injuries, and the scene. If there are witnesses, get their contact information. Dashcam footage, if available, can be invaluable.

Keep copies of everything: repair estimates, insurance communication, even weather reports (which can help explain road conditions). A written timeline of events also helps organize your thoughts and demonstrates consistency.

Consult a Lawyer

If you’re unsure how to file a claim for road hazard injury in Nova Scotia, speak with a personal injury lawyer early. They can assess whether you have a case, help preserve evidence, and ensure you don’t miss important deadlines.  There can be special time limitations and notice requirements for any such claim, especially if government bodies are involved so do not delay in contacting a lawyer.

At Preszler Injury Lawyers, we regularly help clients navigate complex road hazard claims, especially when government bodies or contractors are involved. These aren’t straightforward cases, but with the right legal strategy, compensation is possible.