In the event of a traffic accident caused by road defects (potholes, accumulated water, etc.), as well as poor road signage, compensation may be sought from the Municipality or the Region responsible for the maintenance of the road.
According to current legislation, the construction, renovation, and maintenance of public roads fall under the responsibility of State Authorities, specifically: 1) national roads under the Public Works Service (YPEXODE), 2) provincial roads under the Road Funds of the Prefectures (now Regional Units), and 3) municipal and community roads under the respective Municipalities and Communities. This means that each Authority (YPEXODE, Region, Municipality) is responsible, among other things, for ensuring the suitability and safety of the roads under its jurisdiction, in accordance with the provisions of the Road Traffic Code and specific legislation.
Moreover, the law obliges the competent Authorities to conduct inspections of the roads under their responsibility every fifteen days. In case they learn (either from a citizen’s report, the Hellenic Police, or any other means) that there is damage or defect on a part of the road surface, the law explicitly requires the responsible maintenance service to carry out an on-site inspection of the damage within two (2) working days after receiving knowledge of it by any means, and to draft a brief report on the extent and nature of the damage, as well as on the necessity or not of immediate repair.
If the necessary maintenance actions on the road surface have not been undertaken, resulting either in defects (potholes, accumulated water, poor road quality) or insufficient/inappropriate signage (e.g. STOP sign, speed limit sign, warning signs, etc.), the competent Public Authority may be held liable for compensation if, due to its negligence, a traffic accident occurs exactly because of the aforementioned defect. Specifically, the injured party may claim not only compensation for material and bodily injuries suffered (damage to the vehicle, hospitalization, etc.) but also monetary satisfaction for the moral harm and distress endured as a result of the traffic accident.
This claim is based on the provisions of the Introductory Law to the Civil Code (EisNAC) regarding the liability of the State for unlawful acts (actions or omissions), as provided in articles 105-106 EisNAC, which include, among others, the failure to maintain roads under the responsibility of each Authority.
