Roadway defects are entirely or partly responsible for many accidents each year in California and the United States. This legal guide provides information for about various types of roadway defects, and what to do if you believe an accident you were involved in was caused in part or in whole by a roadway defect or roadway design defect.
What is a Defective Roadway?
Roadway defect and defective roadway design cases involve dangerous driving conditions, poorly maintained roads and interstates, and defectively designed intersections and crosswalks. Some examples include merging lanes that simply aren’t long enough, tight curves that can’t safely accommodate posted speed limits, improper lane width, trenches, potholes, improper signage, improper grading, and blind intersections that put pedestrians, children and others at risk. If you hire a lawyer, your lawyer can investigate prior recurrences of accidents at the location of your accident, and determine if poor design engineering or a defect in the road contributed to the incident. Defective roadway cases involve all types of accidents, including solo-car crashes, vehicle rollover accidents, head-on collisions, large truck accidents, bicycle accidents, motorcycle accidents, and pedestrian accidents.
Who is Responsible for a Roadway Defect?
In California, streets, highways and interstates are maintained by either the California Department of Transportation (Cal Trans), or by a county, city or other local government. A California roadway defect lawyer will be able to tell you which entity is responsible for maintaining the roadway your accident occurred on. A pavement defect, such as a pothole or large crack, is not the only type of defect that can cause a serious accident. Poor engineering of a roadway, improperly placed signage or unsafe grading can cause a collision, and in some cases, a tree, light pole or utility pole placed too close to the edge of the curb can contribute to a crash, even if the vehicle does not leave the roadway. An lawyer that handles roadway defective claims will consult with a panel of experts, including engineers, highway design experts, illumination experts, surveyors, and accident reconstructionists to determine who is liable for an accident, and to what extent.
Establishing Liability for Defective Road Design or Roadway Defect
When accidents involving serious injury or death could have been prevented with proper road maintenance, or safer road design, victims and their families are entitled to compensation for their injuries, or a loved one’s death. Claims against municipalities and government entities responsible for road maintenance and design are complex cases, and liability can be difficult to establish. Because of their complexity, only lawyers with proven experience with dangerous roadway claims should handle roadway defect claims. The attorney you choose to handle your case can make all the difference between no compensation and full and fair compensation for medical expenses, lost earnings, and pain and suffering, or a loved one’s wrongful death.
What to Do if You Suspect Roadway Defect Was a Factor in Your Accident
If you or a loved one has been injured or killed in an accident or collision, and you believe a dangerous roadway condition may have contributed to or caused the accident, you should contact a qualified California personal injury lawyer as soon as possible. If you are safely able to, take photographs of the defective roadway condition to preserve evidence. Such evidence can be lost when the dangerous condition is repaired or removed. Due to time limits restricting your right to file a claim, you should contact an attorney as soon as possible. In California, claims against a government entity must be filed within six months of the date of the accident.
