Road Danger Accident Attorney in Vista
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. At this point you are now suffering from injuries because of someone’s failure of attention, not because of your own choices.
Contact an auto wreck attorney in Vista 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
• Wreckage or spilled cargo on the road
• Poorly executed lighting or road design imperfections
• Not stable 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?
The design and construction of roads is done by the government (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. 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.
According to the California Government Code § 835, a governmental agency, when in these situations, can be held legally responsible for accidents. In order for a person that has been injured to have a successful claim, they must show evidence that:
• Dangerous conditions were existent
• The government was given notification that the condition existed
• Injuries occurred and were predictable
• The injuries that occurred were due to hazardous conditions
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.
What do you do if the accident was caused by 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. Depending on the type of cargo, it can add additional danger as well. 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 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
Allocating and demonstrating the correct liability in the event of a road hazard related accident can be complex to handle. Anything from laws to statutes of limitations, to even the very real government immunity policies, can play an important role in your case. Call Ryan Sargent at 855-209-3997 to learn today how to exercise your rights.