Road Danger Accident Attorney in Chula Vista
In some cases you or someone you know will be driving on the highway, abiding by traffic laws, and then end up in an accident because of hazardous road conditions. Now because of someone else’s carelessness, not your own mistakes, you have to deal with injuries. Call an auto accident attorney today for help in Chula Vista.
Different Roadway Hazards That Can Cause An Accident
Examples of hazards that can cause an accident include:
• Road construction projects that are managed poorly
• Spilled cargo or debris laid out on the road
• Terrible road design or bad lighting
• Not stable guardrails
• Potholes or other imperfections on the roadway
The one who is responsible for a road hazard accident is very dependent on the nature of the accident.
Who is accountable for keeping the roads?
Whether local, state, or federal, the government is the one responsible for both the design and the construction of safe roads. For California, the responsibility for reviewing, upholding, improving, and managing roads is on the California Department of Transportation. Therefore, if there are any kind of construction work, road imperfections, or road design flaws that have caused an accident, the accountability could lie on the governmental organization for that specific road.
The California Government Code § 835 and all of its subparts outline the specifics of when a governmental agency can be held legally accountable for the circumstances of a highway. For someone to be successful in a claim, the injured party must prove:
• The accident was caused due to a dangerous situation
• Prior knowledge on the government’s part to rectify the issue was given
• Injuries occurred and were predictable
• The injuries that occurred were due to hazardous conditions
Additionally, the injured person has to show that there was an act of negligence of an employee that caused the conditions.
Roads do not have to be maintained perfectly in California, because it is only the DOT’s requirement to ensure that “reasonable” repairs are made, meaning that they will not spend more money on the roads than they need to.
In the event that you have been in an accident of this nature, it’s often seen to be a difficult and complex case, so contact lawyer Ryan Sargent to help you investigate your case, provide fault where due, and prove liability.
What if there was a spilling on the road that caused the accident – then who is to blame?
In some cases, an accident can occur due to a hazardous condition that is not due to construction or lack of maintenance. On the contrary, the accident could have been caused by a spilling on the road.
If a truck had accidentally spilled its cargo on the road, this can be a major concern. The nature of the cargo can add a great deal of concern itself, especially the materials are hazardous. Dangerous cargo can present additional dangers for all those involved in an accident, as well as, anyone else in the general vicinity of the spill. In the case that a spillage did cause the accident, the truck company and/or the driver could be the party responsible. In other cases, it could be the cargo owner that is held responsible if it was not loaded or sealed properly.
In the event of a Road Hazard-related accident, talk to Ryan Sargent
It can be a complex job assigning proper liability to the cause of fault in an accident caused by a hazardous roadway.
Anything from laws to statutes of limitations, to even the very real government immunity policies, can play an important role in your case. Call Ryan Sargent at 855-209-3997 to learn today how to exercise your rights.