Poorly maintained roads pose a significant danger to drivers, motorcyclists, bicyclists and pedestrians alike. Potholes, faded lane markings, broken traffic signals and uneven surfaces can all contribute to serious accidents.
In California, where especially heavy traffic and aging infrastructure are commonplace, accidents caused by unsafe road conditions are not unusual. When a crash occurs due to poor road maintenance, victims may have the right to seek compensation from the government entities responsible for maintaining safe roadways.
What is happening?
Government agencies at the city, county and state levels are responsible for ensuring that roads are properly maintained and safe for public use. When they fail to do so, hazardous conditions can develop, increasing the risk of accidents. Common road defects that contribute to crashes include:
- Potholes and Cracks: Large potholes or cracked pavement can cause a driver to lose control, leading to rollovers, tire blowouts or collisions
- Faded or Missing Lane Markings: Without visible lane markings, drivers may drift into oncoming traffic or fail to stay in designated lanes
- Malfunctioning Traffic Signals: A broken or nonfunctioning traffic light can create confusion at intersections, increasing the likelihood of a T-bone or rear-end collision
- Poorly Designed or Maintained Intersections: Intersections with inadequate signage, lack of pedestrian crossings or obstructed views can lead to dangerous collisions.
- Inadequate Roadside Barriers or Guardrails: Roads that lack proper guardrails on steep declines or curves may increase the severity of crashes
- Poor Drainage Leading to Flooding: Standing water on roads can cause hydroplaning, leading to loss of vehicle control and accidents
In California, government entities such as Caltrans, local municipalities and county agencies are responsible for maintaining safe roads. If an accident occurs due to poor road conditions, victims may be able to file a claim against the responsible agency. However, pursuing a claim against a government entity is more complex than a standard personal injury case. Unlike personal injury claims against private parties, claims against government agencies must follow specific legal procedures, including:
- Filing a Notice of Claim: In California, injured victims must file a claim with the responsible government agency within six months of the accident. This step is mandatory before filing a lawsuit.
- Proving Negligence: Victims must demonstrate that the government entity was aware of the hazardous road condition or should have reasonably known about it and failed to take action
- Meeting Strict Legal Deadlines: If the government agency denies the claim, the victim may file a lawsuit, but strict deadlines apply
Due to the complexities of suing a government agency, victims of accidents caused by poorly maintained roads generally benefit from seeking personalized legal guidance and support as soon as possible.
