Road Danger Accident Attorney in San Diego
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. Even though you were careful, you are now dealing with injuries because of someone else’s negligence. Call an auto accident attorney today for help in San Diego.
Types of Highway Hazards that May Cause An Accident
Conditions that could cause an accident are:
• Road construction projects that are poorly managed
• Spilled cargo or debris laid out on the road
• Terrible road design or bad lighting
• Guardrails that are unstable
• Roadway imperfection such as potholes
The one who is responsible for a road hazard accident is very dependent on the nature of the accident.
Who is in charge of maintaining the highways?
The design and construction of roads is done by the government (local, state, and federal). In California, the California Department of Transportation is accountable for inspecting, upholding, upgrading, 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. For someone to be successful in a claim, the injured party must prove:
• 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. In California, the DOT is not required to make sure that the roads or perfect, they only have to ensure that reasonable repairs are made. 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.
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. 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. If the materials were not loaded or sealed correctly, then the fault may be placed on the cargo owner.
Contact Road Hazard Accident Attorney Ryan Sargent today
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. Contact Ryan Sargent today to find out how you can practice your rights.