Road Danger Accident Attorney in San Marcos
Here’s the scenario: You are someone you love is driving, you’re following all traffic laws and then, out of nowhere, you end up in an accident due to hazardous road conditions. Even though you were careful, you are now dealing with injuries because of someone else’s negligence. Contact an auto wreck attorney in San Marcos today.
Types of Highway Hazards that May Cause An Accident
Roadway hazards that may cause a car crash:
• Road construction projects that are poorly managed
• Spilled cargo or debris laid out on the road
• Terrible lighting or poor road design
• Unbalanced or unstable 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 maintaining 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). 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 someone to be successful in a claim, the injured party must prove:
• The accident was caused due to a dangerous situation
• The government was given notification that the condition existed
• 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. These cases are often complex and require you to contact a legal attorney, call Ryan Sargent to examine your accident, recognize fault, and prove accountability.
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. Instead the accident is caused by a spillage 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. 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. 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
It can be a complex job assigning proper liability to the cause of fault in an accident caused by a hazardous roadway. Government immunity, laws, and statutes of limitations all have a role in your case. Contact Ryan Sargent today to find out how you can practice your rights.