Defective and dangerous roads are partly or entirely responsible for a substantial number of accidents each year in California. This legal guide provides information for about types of roadway defects, and what to do if you think an accident you were in was caused by a roadway defect .
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What is a Defective Roadway?
Roadway defect and defective roadway design cases involve dangerous conditions, poorly maintained roads, and defectively designed intersections. Examples include merge lanes that simply aren’t long enough, tight curves that can’t safely accommodate speed limits, improper lane width, potholes, trenches, improper grading, improper signage, and blind intersections that put pedestrians and others at risk. If you hire an attorney, your attorney can investigate prior recurrences of accidents at the same location, and determine if poor design engineering or a defect in the road contributed to an accident. Defective roadway cases involve all types of accidents, including solo-car crashes, head-in collisions, vehicle rollover accidents, large truck accidents, motorcycle accidents, bicycle accidents, and pedestrian accidents.
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Who is Responsible for a Roadway Defect?
In California, roadways, streets and highways are maintained by either the California Department of Transportation (Cal Trans), or by a county, city or other local government. A California defective roadway 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 attorney that handles roadway defective claims will consult with a panel of experts, including engineers, highway design experts, surveyors, illumination experts, and accident reconstructionists to determine who was responsible for an accident, and to what extent.
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Establishing Liability for Roadway Defect or Defective Design
When accidents involving injury or fatality could have been prevented with proper road maintenance, or safer road design, victims and their families are entitled to compensation for their injuries. Claims against government entities and municipalities responsible for road maintenance and design are complex, and can be difficult to prove. Because of their complexity, roadway defect claims should be handled only by lawyers with proven experience with dangerous roadway 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, time away from work, and pain and suffering, or a loved one’s wrongful death.
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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 think a dangerous roadway condition contributed to or caused the accident, you should contact a qualified California personal injury attorney as soon as possible. If safely possible, 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 a lawyer as soon as possible. In California, claims against a government entity must be filed within six months of the date of the accident.
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