Road accidents are a common cause of serious injuries and deaths in California. Most people think of driver intoxication or reckless driving when the thought of an accident comes to mind. While driver error is a leading cause of accidents in the state, you could suffer a severe injury or lose a loved one in an accident caused by unsafe road conditions. Sometimes, unsafe roads result from accidental acts like a tree falling onto the road during a storm.

However, most causes of road unsafety are the aftermath of negligent acts by the government entities responsible for the construction and maintenance of the roads. Unsafe roads could cause catastrophic accidents, which may occur when a vehicle rolls over or collides with other vehicles.

If you are a victim of an accident caused by unsafe roads, you could be entitled to compensation for your injuries and losses. Recovering compensation will require you to gather evidence of the accident and file a lawsuit. In this case, you will be filing a suit against a government entity, which can be complicated. Therefore, hiring and retaining a reliable personal injury lawyer is critical.

Overview of Accidents Caused by Unsafe Road Conditions in California

The state, federal, or local government is responsible for maintaining roads under its jurisdiction. This involves proper construction and appropriate repairs when the road is damaged. The government will then delegate these duties to different construction companies. Unsafe road conditions are a result of poor maintenance of the roadways.

Driving in unsafe road conditions increases the risk of collisions between vehicles, motorcycles, and pedestrians. The government's failure to perform its duty is considered negligence. Therefore, you may be entitled to compensation if you are injured in an accident caused by unsafe road conditions.

Government entities often discover poor road conditions through routine surveys or reports from the community and road users. California law allows the government some time to make reasonable renovations and repairs to the damaged parts of the road. Even if these entities never discover the dangerous conditions, they could still be liable for your injuries.

Recovering compensation for your injuries requires you to sue the government entity and other parties responsible for unsafe road conditions.

Types of Unsafe Road Conditions

Accidents caused by unsafe road conditions can cause severe and life-threatening injuries. Understanding the different types of conditions considered dangerous will help you determine the cause of the accident and establish liability for it.

  • Potholes and cracks. A pothole or crack on the road caused by overuse of the road or poor road maintenance could be catastrophic. Potholes are a common cause of accidents and can even damage your vehicle. When a car traveling at high speed hits a pothole, the driver could lose control and roll over or collide with other cars.
  • Lack of road signs. Government transportation agencies are responsible for installing and maintaining visible road signs. The road signs guide drivers on proper conduct on a particular stretch of road. Lack of road or invisible signs can result in serious confusion among drivers, eventually leading to accidents.
  • Uneven pavements. Proper driving and vehicle control require flat and even road surfaces. Unfortunately, some roads have rough stretches resulting from poor construction or a lack of maintenance. Drivers operating uneven roads can quickly lose control and crash into other vehicles or obstacles. Additionally, uneven roads can cause tire blowouts and other forms of vehicle malfunction.
  • Water pooling. When pools of water collect on the road, they cause the road surface to be slippery, resulting in a loss of traction.
  • Unmarked roadway. Clear lane markings allow drivers to remain in a specific lane and avoid collisions between vehicles. Unclear or faded lane markers could increase the risk of serious accidents.
  • Malfunctioning spotlights. Vehicles could easily collide in these areas when the spotlights at intersections are damaged.
  • Damaged bridges and overpasses. The bridges and overpasses allow pedestrians to cross to the other side of the road without the danger of being hit by a vehicle or motorcycle. When overpasses and bridges are damaged, the risk of pedestrian accidents increases.
  • Vehicle repairs. Records of vehicle repairs help ascertain the extent of the accident, which may translate to the severity of the injuries you suffered.

Filing a Lawsuit for an Unsafe Roadway Accident

You can sue the government entities responsible for road maintenance if you are injured in an accident caused by unsafe road conditions. In California, the statute of limitations for filing a lawsuit against the government is six months from the date of injury. A statute of limitations stipulates the period you can file a lawsuit.

Filing your personal injury lawsuit after the statute of limitations has elapsed will deny you the right to recover much-needed compensation. The following are some steps you may need to follow for a successful lawsuit:

Identify Liable Parties

Filing a lawsuit allows you to recover compensation for your injuries from the parties responsible for the accident. Therefore, identifying the liable parties in your case is critical. Commonly liable parties in a lawsuit for damages caused by unsafe road conditions include:

  • State or municipal agencies. The state, federal, or local government ensures that the roads in its jurisdiction are safe. When the government fails to perform its duties and the unsafe road conditions cause your accident and injuries, you can sue them and recover compensation.
  • Third-party companies. The government entities responsible for road construction delegate the duties to other companies. If these parties failed to follow the proper care standards when constructing or repairing the roads, they could be liable for your injuries.
  • Drivers who create hazardous road conditions. An unsafe road condition could sometimes be caused by oil spillage, making it slippery and risky for other road users. Oil spillage may be from damaged vehicles or reckless transportation of the product. In this case, you could file a lawsuit against the drivers responsible for the spillage.

Proving Liability for the Accident

When you sue the government or another entity for injuries resulting from unsafe road conditions, you must establish their liability for your accident. In California, liability is based on negligence. Therefore, you must prove the following elements of negligence to hold another person or entity liable for your injuries:

  • The Defendant Owed you a Duty of Care

In California, each person or entity must ensure the safety of others. This is done by acting in a way that does not place other people at risk of harm or injury. Proving that the government or other liable parties in your accident owed you a duty of care is the most straightforward element of negligence to establish.

The state and local governments are tasked with proper road construction. Additionally, they must review the reports of unsafe roads and act accordingly.

  • Breach of Duty

Owing you a duty of care may not be enough to hold a party liable for your injuries. You must prove to the court that the defendant breached their duty toward you. A breach of duty involves acts that put you at risk of harm. Common examples of breaches of responsibility include the government’s failure to monitor proper road construction and ignoring complaints about unsafe roads.

  • The Breach of Duty Caused Your Injuries

When establishing another person's negligence in your lawsuit, you must show a link between the person's actions and your injuries. In this case, you must show how the government's failure to perform its duties caused your accident and injuries. While the defendant's negligence must not be the only factor in your accident, it must be significant.

  • Damages

When you sue a government entity for compensation for your accident, you must present evidence of the injuries and losses you suffered from the defendant's acts.

Present Relevant Evidence for the Lawsuit

You will need evidence to support your claim when you file a personal injury lawsuit against the government or other entities responsible for unsafe road conditions. The evidence you present will help indicate how the accident occurred and the injuries or losses you suffered. You could present the following pieces of evidence for your lawsuit:

  • Video and photographic evidence. If you are not injured after an accident, you should take a video or photograph of the area where the accident occurred. Additionally, you could obtain video surveillance around the area where the accident happened. If you have suffered injuries, you could take a photo of the damage. Unlike witness testimony, photographic evidence cannot be easily challenged in a lawsuit.
  • Witness statements. Before you leave the accident scene, you can identify individuals who witnessed the accident and take their contact information. This allows you to ask them to testify in your lawsuit. Eyewitnesses will give an authentic account of the events leading up to the accident.
  • A copy of the complaint to the state or municipal authorities. When the government entities responsible for road construction and maintenance are alerted to unsafe road conditions, they must act on them and make the necessary repairs to ensure the safety of all road users. If a complaint was submitted and the authorities did not make efforts to rectify it, you could use the report to prove road damage.
  • Police report. Contacting law enforcement officers is one of the steps you must take after an accident caused by unsafe road conditions. The police officers will assess the accident scene, interview the involved parties, and write a report. The police report gives an official account of the accident and can be significant evidence for your lawsuit.
  • Medical report. When you sue government entities or other liable parties in your accident, you expect to recover compensation for your medical bills. Before recovering this type of compensation, you must prove the extent of your injuries and the amount spent on treatment. You could present your medical report.
  • Evidence of lost income. Another piece of evidence you could present in your accident lawsuit is evidence of lost earnings. You could present a lost wages letter or your income tax returns.

Defenses Against Your Lawsuit by the Defendants

In your case, the government or other defendants will not quickly accept liability for your injuries and losses. Therefore, they may attempt to defend themselves by arguing that factors other than the road condition contributed to their accident and injuries. Some of the arguments that could arise against your case include:

  • You were driving recklessly.
  • You operated the vehicle while under the influence of drugs or alcohol.
  • Your auto accident was caused by distracted driving.

Sovereign Immunity for Government Agencies in Accident Lawsuits

When you are injured in an accident resulting from dangerous road conditions, you expect to recover compensation from the party responsible for the unsafe roadway conditions. Unfortunately, some government entities cannot be sued for damages by private parties. This is known as sovereign immunity, which can apply to the city or county.

For entities that are exempt from sovereign immunity, they could present an affirmative defense to counter your claim. Your lawsuit against the government could be dismissed when the defendant proves that:

  • A causal relationship exists between the road plan, design, and your accident.
  • The relevant authorities approved the road design before construction.
  • There is evidence to support the reasonableness of the road design.

If the defendants attempt to assert the affirmative defense, you must show that a change in the road condition made it unsafe. Additionally, it should be clear that the government had enough time to repair the road or warn road users of the condition.

Compensation benefits Available for Unsafe Roadway Accident Lawsuits

A successful lawsuit for an accident caused by unsafe road conditions could see you recover compensation for:

Medical Expenses

Unsafe road conditions could cause catastrophic accidents. These collisions can cause various injuries, some of which are threatening. Depending on the severity of the injuries, your medical bills will accumulate when emergency responders arrive at the accident scene. The liable parties in your accident will be responsible for your medical bills.

Some injuries from accidents caused by unsafe roads may require a long recovery. Therefore, you could be compensated for ongoing treatment and therapy. Since the government may be reluctant to accept responsibility for the injuries, you must cover your medical expenses. You could do this through health insurance or negotiating with doctors working on a lien.

Medical expenses are a significant part of the compensation in an accident lawsuit. Your insurance provider or lien doctor can be paid after recovering the compensation. Before settlement, you may be required to submit your medical record to ascertain that the accident caused your injuries.

Lost Earnings

Sometimes, injuries from driving on unsafe roads could keep you out of work for weeks or months. While you nurse your injuries, you will lose the income you could have earned in salaries, commissions, overtime, or income from self-employment. If your lawsuit is successful, you will be compensated for these damages.

You can prove the lost earnings by presenting your employer's letter or income tax returns. If your injury is more severe and does not recover by the time you recover compensation from your lawsuit, you could also be entitled to lost earning capacity damages. You lose your earning capacity when you are incapable of returning to the job position you held before your injuries.

Loss of Consortium

You could recover compensation for loss of consortium from the government or other liable parties when your loved one is injured on unsafe roads. Loss of consortium is the loss of love, companionship, and sexual enjoyment you would receive from your spouse or domestic partner.

Pain and Suffering

The injuries from accidents caused by unsafe roads can cause severe physical pain and mental anguish. Although pain cannot be equated to a dollar value, you can still be compensated for your suffering. Sometimes, the extent of your injuries and the defendant's negligence may significantly affect your compensation.

Wrongful Death

Unfortunately, some accidents caused by unsafe roads are catastrophic. This could result in serious injuries or even death. You could recover wrongful death benefits if you lose a loved one in an accident. While financial compensation will not bring back your loved one, you can cover burial and funeral expenses with the lawsuit's proceeds.

Find a Knowledgeable San Diego Personal Injury Attorney Near Me

When the individuals responsible for maintaining good roads fail to do their work correctly, road conditions could be unsafe for vehicles, motorcycles, and pedestrians. When faced with conditions like potholes, missing traffic signs, improperly graded roadways, and debris on the road, a driver could lose control of their vehicle and cause a severe accident.

Negligence is not acceptable conduct in California. Therefore, victims of accidents caused by unsafe roads may be entitled to compensation. You can recover compensation for your losses or injuries by filing a lawsuit against the negligent parties. Filing a lawsuit in court or with the liable party's insurance company requires you to identify responsible parties and establish their liability for your injuries.

A successful lawsuit can help you recover compensation for your medical expenses, lost earnings, and sometimes the pain and suffering resulting from the ordeal. Most unsafe roads stem from the negligence of government entities tasked with road construction and maintenance. Therefore, you may find yourself filing a lawsuit against the government. While navigating your lawsuit in San Diego, CA, you will require the expert legal insight we offer at San Diego Personal Injury Law Firm. Contact us at 619-478-4059 to discuss your case.