File a Personal Injury Claim After Suffering an Injury Because of a Dangerous Intersection
Many drivers can recall an intersection that stands out from the rest because of its dangers. The intersection can have weird corners, or there can be overgrown brush that causes blind spots. Additionally, the intersection can be a place that is commonly known to be the setting of multiple auto accidents throughout the year. For the most part, drivers will take extra precaution when taking this roadway but nonetheless, unsuspecting accidents can take place at any time and even to the most careful drivers.
When an intersection or road has a faulty design or is otherwise somehow neglected by having overgrown brush or an otherwise unsafe and unmaintained pathway, the dangers can quickly and easily result in devastating auto accidents. Individuals who suffer injuries because of an intersection or road can sometimes file a lawsuit against a government entity, if certain conditions apply.
If you have experienced an auto accident in a California road or intersection, it is important to consider seeking the advice of a know ledgeable attorney who has experience in handling these cases. A personal injury attorney with the right experience can help you understand if you have a valid claim. The following factors highlighted throughout this article can help answer some of your questions, however, for specific questions regarding your claim, speak to a personal injury attorney who can help you.
Filing a Lawsuit Against a Government Entity
In order to understand when a government entity can be held responsible for a victim’s injuries after a roadway accident, it is first important to highlight when the government cannot be held accountable for the injuries. The State of California has enacted a set of rules and guidelines when it comes to filing a lawsuit against a government entity. The California Tort Claims Act determines that government agencies cannot be found responsible in a claim filed against it for actions or inactions based on the entity’s discretionary powers.
In the State of California, a government’s discretionary power is a semi-ambiguous term that is usually determined on a case-by-case basis. Although this could seem like a majority of victims will not be able to pursue a claim against a government entity, it should be noted that there is limited immunity to government agencies in the state. A common example of this can be the failure to place necessary warning signs. When an agency responsible for the maintenance of a road fails to provide necessary warnings on an otherwise dangerous road, the government agency can be held accountable for any accidents that occur because of that hazard.
In order to determine that a government agency was responsible for a person’s injuries, it should be noted that the facts of each case will be highly important. The victim filing the claim will need to demonstrated that the agency was indeed responsible for the upkeep of the roads, had knowledge that a hazardous condition existed, and ultimately, the agency did nothing to repair the dangers. With this being said, it should be noted that cases against government agencies are never easy to win.
Common Examples of Unsafe Roads Where a Government Agency Could Be Held Accountable
Even when a defective or hazardous road condition is present, it can be difficult to demonstrate that a government agency was the responsible party for causing injuries and other damages to accident victims. The following scenarios, however, could be prime examples of when a government agency should be looked into as being responsible for the dangers.
Roadway Construction Zones- Although construction sites are generally handled by a private agency hired by the government entity, construction sights will be sometimes be supervised by a government agency. When there is a failure to adequately supervise construction sites and ensure that the level of hazards are minimized, the government agency could be held accountable for the accidents caused from the unsafe construction zone.
Roadway Potholes- Potholes are a nuisance that cost many cities across the state millions of dollars each year. According to a report provided by The American Society of Civil Engineers: California’s Surface Transition Report Card, the passing of SB1 will distribute $1.8 billion each year toward roadway reparations programs. In spite of the collective efforts to provide road maintenance, potholes are an ever-going problem. When a road’s condition is poor, the oversight or lack of fixing the ongoing issue can be the responsibility of a government agency.
Failure to Improve Lighting- Driving in roads that have insufficient lighting can be highly dangerous. For many, the lack of street lighting can cause a driver to drive into center dividers or crash into parked cars. In other cases, the lack of lighting can also be disastrous for pedestrians as it diminishes their visibility to unsuspecting drivers.
Lack of Road Markings- Whether it is a fading in street lanes or the lack of rumble strips, a lack of road markings can easily be the reason behind a vehicular collision. Road markings help drivers ensure that they are within the safety of the road and the lack of these markings can be detrimental.
Obtain the Legal Support of a Skilled Attorney
If you or someone you know has sustained an injury because of a hazardous road or intersection, it is important to seek the legal advice of an attorney who has experience in handling personal injury cases. An attorney with the right knowledge and experience will look into the case and help to determine if the case is valid.
Attorney Justin H. King is highly skilled in the field of auto accident claims. He is dedicated to helping auto accident victims obtain the compensation they deserve following the negligence of a government agency. If you have reason to believe that a government agency was responsible for your accidents, consult an attorney who can help you look at the facts of your case and help you construct a solid lawsuit against the responsible agency. Personal injury claims in California are time sensitive, seek legal support as soon as possible.