California Defective Roadway Attorneys
Driver negligence may be a common cause of auto accidents, but it is not the only cause. Defective roadways, such as those in poor repair or of improper design, can cause a driver to lose control of their vehicle or otherwise increase the risk of a collision. In the event that road defects cause a car accident, the government entity responsible for the design and/or maintenance of that road may be held responsible for the accident and any injuries that result. This, however, complicates matters in regard to taking legal action.
Defective roadway lawsuits are usually more complex than other car accident suits. Because roadways are typically the responsibility of government entities (federal, state, county and city agencies/departments), legal action is subject to different procedures. Additionally, multiple parties may be at-fault.
If you have been injured in an auto accident caused by the poor design or roadway condition, you may be able to hold the entity responsible for the road accountable for your losses. For more information about your legal rights and potential options, contact the roadway defect lawyers at Robinson Calcagnie Robinson Shapiro Davis, Inc. at (949) 720-1288.
Common Roadway Defects
Determining whether a road hazard is a defect rather than just another bump in the road can be difficult. While it is best to discuss the specifics of your accident with an experienced attorney, there are some common identifiable defects that may help you decide whether you should consider legal action. These include, but are not limited to:
- Shoulder drop offs;
- Poor design;
- Debris that has not been removed in a timely manner;
- Excessive gravel and/or oil;
- Malfunctioning or inadequate warning signals or signs;
- Insufficient or inadequate notification of changes in the shoulder;
- Failure to post warning signals or signs;
- Poorly established construction zones;
- Hazardous weather conditions;
- Insufficient or inadequate notification of impending conditions;
- Defective or lack of street-lights;
- Inadequate highway division, edge lines or line striping; and/or
- Dangerous intersections.
Importance of Proper Investigation
The cause of a traffic accident is not always clear. A collision may seem like it is caused by driver error when it may have been caused by a road defect. For this reason, it is important to have experienced legal representation who knows where to look for evidence of defects. For example, in the case of an accident where the defect is not obvious, conflicting statements by other drivers, passengers and/or witnesses may identify the accident-causing defect. If a traffic light malfunctions, there will likely be contradictory statements as to whether the light was red or green.
History of Accidents
Defective roadways typically have a history of crashes, whether they are caused by the same defect responsible for your accident or a pattern of similar defects throughout the jurisdiction where the accident occurred. Such evidence may lead to multiple lawsuits. An experienced lawyer knows how to find evidence establishing a pattern of behavior to prove that the responsible entity was negligent in their duty to maintain the roadway.
How We Can Help
No matter what or who you believe caused your auto accident, it is best to consult an attorney before making any statements to insurance companies or taking other action. The personal injury attorneys at RCRSD understand the complexities of defective roadway cases and can help you hold the at-fault party liable for their actions. Contact us for a free evaluation of your case today.