Road Danger Accident Attorney in Escondido
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 Escondido.
Types of Highway Hazards that May Cause An Accident
Examples of hazards that can cause an accident include:
• Failed or not managed well road construction projects
• Road debris or spilled cargo
• Poorly executed lighting or road design imperfections
• Not stable guardrails
• Potholes and imperfections on the roadway
Depending on the nature of the car crash will tell who the person or group responsible for the crash is.
Who is the party liable for maintaining the roads?
The design and construction of roads is done by the government (local, state, and federal). 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.
A governmental agency can be held responsible legally for situations like these according to the California Government Code § 835. For someone to be successful in a claim, the injured party must prove:
• Dangerous conditions were existent
• The government was given notification that the condition existed
• The accident could have been avoided
• It was the hazardous road conditions that cause the injuries
In part, the one who was injured has to prove that there was an employee that could have fixed the issue, but was neglecting his job.
The California Department of Transportation has the only requirement to make repairs that are reasonable; therefore, they are not required to maintain roads perfectly or spend a large amount of money on the roads. 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.
A load of cargo that has been accidentally spilled off of a truck can cause a major issue. If the cargo itself is dangerous content, drivers could have an even greater risk. 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.
If the accident was indeed caused by spilled cargo, it could be the trucking company or the driver who is at fault. On the other hand, if the cargo wasn’t sealed or loaded correctly, someone else may be at fault like the cargo owner.
Contact Ryan Sargent to Start a Road Hazard-related Incident Case
In an accident caused by hazardous roadways, it can be difficult proving liability. Government immunity, laws, and statutes of limitations all have a role in your case. Call Ryan Sargent at 855-209-3997 to learn today how to exercise your rights.