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.

Categories : Auto Accidents, Personal Injury Misc., Road Conditions and Accidents

Tags:

...

By Justin H. King, Esq. | Posted on May 4, 2016

Melinda Jordan

09:02 18 Dec 22

I went from feeling like a basket case from all the stress to feeling calm and collected after talking to Justin. He is a phenomenal personal injury lawyer and is a truly calming and reassuring presence. This firm helped me in ways I can't even adequately put into words, other than to say Thank You, Justin, to you and your awesome team.

Marjorie Harris

04:14 18 Dec 22

After an auto accident, I felt really nervous calling an attorney because I had never worked with one before. But from the first conversation I had with Jessica, I felt so at ease. Justin then called me and was so easy going and we had a nice conversation too. The entire staff took great care of me and I am very happy.

Sheila Hughes

03:45 18 Dec 22

I was in a car accident that was not my fault two years ago. A friend of mine had a family member who had been helped in the past by Justin King, and they suggested I call him. I'm so glad I did! Justin and his team took great care of my situation and got a great settlement for me. I highly recommend them if you have been in an accident. You will be very happy with what this firm. They are smart, hard-working, honest, and take great care of their clients.

Margaret James

04:43 01 Dec 22

Justin's entire staff is the best car accident lawyer team in Rancho Cucamonga. Justin, Oliver, Jessica, and Garrett all provided me with excellent service and treated me like family. They are all such great people, and always so honest and responsive to me. I gladly recommend them to anyone needing the services of a car accident lawyer in the Inland Empire.

Wm Holland

06:13 17 Nov 22

When I needed a lawyer following a car accident on the Interstate 15 Freeway in Rancho Cucamonga, Justin King, and his team were there for me. I appreciated how his entire staff always seemed happy to answer my questions and were so good about returning all my phone calls and emails. I could tell this firm has immense experience in helping people get their life back after an unfortunate car crash. I was so happy with the outcome of my case and the results Justin obtained from the insurance company on my behalf. I have recommended their office to all my family members and neighbors. I hope you never need to call them. But if you need the best car accident lawyers, I can vouch that they are excellent.

File a Personal Injury Claim After Suffering an Injury Because of a Dangerous Intersection

Filing a Lawsuit Against a Government Entity

Obtain the Legal Support of a Skilled Attorney

Related Posts: