Written by attorney David Jose Lopez

Dangerous Roads, Dangerous Conditions of Public Property

Dangerous road conditions often contribute to vehicle accidents, including car accidents, truck accidents, motorcycle accidents, bicycle accidents, pedestrian accidents and bus accidents. There can be, and often is, more than one cause of a serious injury accident or wrongful death accident. Brain injury accidents, spine injury accidents and wrongful death accidents often involve dangerous highways, dangerous freeways, dangerous streets or dangerous roads and conditions that are not apparent to people not trained and experienced in traffic operations and roadway maintenance..

To properly investigate accidents involving dangerous roads, dangerous streets, dangerous freeways or dangerous highways, you need an attorney who is experienced and trained to recognize the elements of a dangerous condition of public property and how those elements can be effectively presented to a jury and the government agency at fault. Roadway design, traffic engineering, traffic operations, roadway maintenance, accident reconstruction, occupant biomechanics, and human factors are all involved in determining if a dangerous condition or dangerous road contributed to a personal injury accident or wrongful death accident. Following a freeway accident, highway accident, street accident, intersection accident, or road accident, you should contact a dangerous roads attorney who is experienced in dangerous condition investigations and litigation and who has the ability to analyze an accident and accident location to determine if a dangerous condition or dangerous road might have contributed to the accident.

If you have been injured, or a family member has been injured, or a family member has been killed, on a dangerous road, dangerous freeway, dangerous highway, dangerous intersection, or dangerous street, YOU HAVE ONLY 6 MONTHS FROM THE DATE OF THE ACCIDENT ON ANY STATE, CITY, OR COUNTY HIGHWAY, STREET, ROAD OR PROPERTY TO FILE A GOVERNMENT CLAIM. YOU MUST FILE A VALID GOVERNMENT CLAIM WITHIN 6 MONTHS OF THE DATE OF THE ACCIDENT TO PROTECT YOUR RIGHTS. You should consult with an attorney who is experienced working with government claims and who knows how to protect your rights and the rights of your loved ones following accidents on dangerous roads, dangerous freeways, dangerous highways, dangerous intersections and dangerous streets. You will need an extensively experienced and highly skilled dangerous roads attorney to obtain the best results because dangerous condition law set up to give the government the advantage.

Legal claims against government agencies are difficult because the set of laws involved are biased to protect the governmental entity. This complex set of laws works to the disadvantage of the person injured by the wrongful acts of government employees, negligent operation of a government vehicle, or by a dangerous condition of public property. The law of government liability in California, namely, the Government Tort Claims Act, has claims procedures that must be followed scrupulously and immunities that the government will attempt to use to eliminate a person's claim and have it rejected from court, even when the facts show wrongful acts by the government or government employees, or dangerous public property. The Federal Tort Claims Act provides the same type of protection to the Federal government for personal injury and wrongful death claims against the Federal Government.

The experienced government liability attorney knows that the court's perceptions of the lawsuit must be managed in a way that benefits the injured client. Because the set of laws is biased in favor of protecting the government agency, the attorney must know how to influence the court throughout the entire case, from filing of the complaint to final judgment, in order to gain the best effect for the injured client. The evidence needed to prove the case against the government entity must also be developed and managed with a clear understanding of the government liability laws in order to be able to put forward proof on all of the elements required for proof in court.

The experienced government liability attorney also knows that proper investigation of the facts of the accident and the government liability is essential to a successful government liability claim. The experienced government liability attorney also knows how develop the facts in relation to the law in a way that influences governmental entities to make serious efforts to settle a lawsuit by providing them with an understanding of how a jury could find liability against the government and how the verdict value could be a great risk to the government entity. The experienced government liability attorney understand how government entities make decisions to settle a case. Finally, should trial be necessary, the experienced government liability attorney knows how to present and prove a case a government liability case to a jury.

Government liability cases arise from the actions of the Federal government, the State of California, California counties, California cities, school districts, special districts, transportation authorities, and other governmental agencies. Government liability accidents include government vehicle accidents, government employee accidents, accidents resulting from the actions of government contractors, government equipment accidents, public bus accidents, public transportation accidents, and government property accidents. Dangerous highway, street or intersection lawsuits arise from the lack of appropriate road way signs, signals, beacons, barriers, markings, medians, shoulders, intersections, ramps, connectors and other roadway features.

Government liability lawsuits against the State of California, California counties, and California cities require a deep understanding of the California Tort Claims Act, the behavior and motivations of the California governmental entities in these types of lawsuits, and the behavior and motivations of the courts in handling these lawsuits. Similar experience is required to successfully handle Federal lawsuits under the Federal Tort Claims Act. You should consult with an attorney who has specialized knowledge of government liability laws and government claims for personal injury and wrongful death. Government liability lawsuits require a thorough understanding of the claims procedures, litigation procedures, evidentiary law and trial procedures and practices specific to government liability law.

Attorney David Lopez,, has more than 22 years of experience as a lead trial lawyer litigating and taking to trial a wide variety of government liability lawsuits, including wrongful death, serious personal injury, catastrophic injury, traumatic brain injury, multiple fractures, and spinal cord injuries. As a lead trial lawyer for the California Department of Transportation for 20 years, David Lopez handled a wide variety of government liability lawsuits, including highway and road design defect, government vehicle accidents, government property accidents, government equipment accidents, and accidents involving the wrongful acts of government, government employees, and government contractors.

David J. Lopez can protect your legal rights and help you assert your claim for compensation against any governmental agency, local, state, or federal. If you are suffering from an injury, or have suffered the loss of a loved one, as a result of a government vehicle accident, government property accident, or government employee accident, please contact David by e-mail at [email protected] or by telephone at 619-985-6187 for a free consultation and case evaluation. David serves clients in San Diego County and throughout California.

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