Can I Sue for Injuries Caused by Roadway Hazards or Poor Maintenance?

If you have sustained serious property damage or personal injury because of poor road conditions or roadway hazards in California, you could be entitled to compensation from the city. These personal injury cases can be complex and should lead you to contact an experienced personal injury lawyer in California. If you have suffered property damage or personal injury, you may be able to file a lawsuit and recover financial compensation from the city.

Most federal government agencies and states have governmental immunity, which protects them from what might be perceived as trivial lawsuits. However, plaintiffs are eligible to sue under certain conditions. It is your legal right to file a claim against a government agency such as the state, county, or city for property damage if you have been seriously injured.

What Must I Prove in a Dangerous Roadway Conditions Case?

The burden is on the plaintiff to prove the negligence of the opposing party. This means involving a personal injury lawyer in California as soon as possible after your accident occurs. You may not initially know the cause of the accident or the extent to which poor roadway conditions contributed to the accident itself. But engaging a lawyer sooner rather than later puts you in the best position to thoroughly investigate the accident and determine your next steps.

You will need to show that the government was purposely inattentive in order to present the strongest possible case. For example, this could mean that the governing body was well aware about the poor road conditions such as a deep pothole or other dangerous situations and did nothing to fix it or failed to correct it within a reasonable period. There are several different road conditions that indicate government negligence. Educating yourself about these can help you determine when the county, city, or state is responsible for an accident and could be named in a lawsuit for a roadway hazard.

What Kinds of Conditions Could Lead to Government Liability?

Several road conditions that a city is responsible for include situations such as cracks and breaks, potholes, presence of construction debris, missing or incorrect street signage and unreasonably constricted streets. You will want to take action quickly if you believe you have a road condition lawsuit in California because the timeline may be different than a typical personal injury statute of limitations.

The stakes are very high in a roadway hazard case; there’s a good chance you’re traveling at full speed before you realize that the conditions are dangerous, making it more likely that you suffer catastrophic or deadly injury. In 20% of fatal vehicle accidents, a car rolls over, is driven off the road or collides with a fixed object. If this was caused by serious road conditions and you’re suffering the consequences in the form of a critical personal injury, you need to prove negligence and work with a knowledgeable attorney.

How Long Do I Have to File a Roadway Hazard Personal Injury Claim?

The city or state government in California is responsible for maintaining highways and roadways. Unlike in other personal injury actions, you must move quickly. Under California Government Code, you only have six months to file a claim against a government entity for wrongful death, damage to personal property or personal injuries. The sooner you can gather evidence and present it to your personal injury lawyer, the better.

The government then has 45 days to respond, and if the government denies your claim before this 45-day period concludes, then you have no longer than 6 months to file a lawsuit in court from the date that the denial was delivered to you or mailed to you. That process involves preparing a complaint, filing it with the appropriate court, and then having it served on the government entity. You will want a personal injury lawyer’s help with that process.

If you never receive a rejection letter, you have a maximum of two years to file a case in court from the day the accident occurred. Sometimes the government may contest their failure to deny a claim. It is always important to involve a lawyer with these cases as they can be complex and have different timelines and responsibility. The government does maintain responsibility for repairing and discovering dangerous road hazards, but they’re also entitled to a reasonable amount of time to recover and repair these defects.