Accident Lawyer in Oceanside – Road Hazard
Let’s say you or a loved one was on the highway driving, ensuring your safety by following traffic laws, and then due to hazardous road conditions, you got into an accident. Now because of someone else’s carelessness, not your own mistakes, you have to deal with injuries. Call a car crash lawyer in Oceanside for help.
Accidents Are Caused By These Roadway Hazards
Examples of hazards that can cause an accident include:
• Road construction projects that are poorly managed
• Wreckage or spilled cargo on the road
• Terrible road design or bad lighting
• Guardrails that are unstable
• 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 in charge of maintaining the highways?
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. In the case of an accident that was caused by road obtrusions, road design defects, and construction work, the responsibility of the accident could fall on the governmental organization that is responsible for that road.
According to the California Government Code § 835, a governmental agency, when in these situations, can be held legally responsible for accidents. For a claim to be successful, the injured party must demonstrate that:
• There were dangerous circumstances on the road
• The government had the opportunity to take care of the issue prior to the accident
• The accident could have been avoided
• 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.
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. Working on these cases can be highly complicated, so contact attorney Ryan Sargent to help you investigate your accident, place blame, and verify liability.
Where is the blame placed if the accident happened because of a spill on the road?
In some cases, an accident can occur due to a hazardous condition that is not due to construction or lack of maintenance. Instead the accident is caused by a spillage on the road.
A truck that unintentionally spills its shipment in the middle of the road can be a foremost issue. Depending on the type of cargo, it can add additional danger as well. If the materials are specifically hazardous, it can greatly impact anyone in the accident and even those that are in the same general area. 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.
In the event of a Road Hazard-related accident, talk to Ryan Sargent
In an accident caused by hazardous roadways, it can be difficult proving liability. In these cases there are events that could be stacked up against you like laws, statutes of limitations and government immunity. To figure out how to express your rights, contact Ryan Sargent at 855-209-3997.