Road Danger Accident Attorney in El Cajon
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. At this point you are now suffering from injuries because of someone’s failure of attention, not because of your own choices. Call an auto accident attorney today for help in El Cajon.
Accidents Are Caused By These Roadway Hazards
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
• Unbalanced or unstable guardrails
• Roadway imperfection such as potholes
Depending on the nature of the car crash will tell who the person or group responsible for the crash is.
Who is accountable for keeping the roads?
It is the government’s accountability to keep all roads safe in design and construction on all government levels (local, state, and federal). In the state of California, it is the California Department of Transportation’s responsibility for inspecting, maintaining, improving, and managing roads. In the event that there was an accident due to road construction, design defects, or other road defects, it could be the governmental organization’s fault that works and maintains the road where the accident occurred.
A governmental agency can be held responsible legally for situations like these according to the California Government Code § 835. In order for a person that has been injured to have a successful claim, they must show evidence that:
• There were dangerous circumstances on the road
• Prior knowledge on the government’s part to rectify the issue was given
• Injuries occurred and were predictable
• The condition that was hazardous caused injuries
In the same aspect, the injured party must provide info about an employee that did not do his job correctly to ensure that an accident wouldn’t occur. 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. Working on these cases can be highly complicated, so contact attorney Ryan Sargent to help you investigate your accident, place blame, and verify liability.
What if there was a spilling on the road that caused the accident – then who is to blame?
Sometimes a hazardous condition on the road is due to something other than construction or maintenance on the road. On the contrary, the accident could have been caused by a spilling on the road.
A load of cargo that has been accidentally spilled off of a truck can cause a major issue. The nature of the cargo can add a great deal of concern itself, especially the materials are hazardous. Hazardous cargo can not only be the cause of such accidents, but they can also cause more dangers for anyone in an accident or anyone around the accident. If this is the case, then the driver and/or the trucking company could be held accountable. If the materials were not loaded or sealed correctly, then the fault may be placed on the cargo owner.
Contact Ryan Sargent to Start a Road Hazard-related Incident Case
Allocating and demonstrating the correct liability in the event of a road hazard related accident can be complex to handle. In these cases there are events that could be stacked up against you like laws, statutes of limitations and government immunity. Contact Ryan Sargent today to find out how you can practice your rights.