Can You Sue City for Bad Road Conditions?
- California state and local governments are legally required to maintain roads within their jurisdictions.
- If a government entity fails to do so, resulting in poor road conditions that cause accidents, it may be held liable for damages.
- Individuals can sue government entities for accidents and injuries caused by defective road conditions like potholes.
- Under the California Tort Claims Act, there is a six-month deadline for filing claims against a government entity for injuries.
You can sue government entities if defective road conditions cause an accident resulting in vehicle damage and serious injuries to you and your passengers. This is because the California state and local governments are legally obligated to maintain the roads within their jurisdictions. If the government fails to maintain the road, it may be liable for any resulting damages.
- When Can the Government Be Liable?
- Accident Examples from Poor Road Conditions
- What Causes Dangerous Road Conditions in California?
- Recoverable Damages for Injuries Caused by Defective Roadways
- Time Limit for Filing a Bicycle or Motor Vehicle Accident Lawsuit in California
- How Can Cutter Law Help Me After an Accident Due to Poor Road Conditions?
When Can the Government Be Liable?
The California Tort Claims Act shields the government from liability in some personal injury claims, meaning that government entities and employees are generally immune from civil lawsuits.
However, people and companies can bring lawsuits against government entities in certain circumstances, such as when the government fails to maintain roads. The government may be liable for injuries and other losses caused by dangerous conditions on government-owned or controlled property.
How to Establish Liability for Poor Roads
To sue a city or other municipality for potholes or poor road conditions, you must establish the following:
- The road was in a dangerous condition at the time of your injury.
- The dangerous condition caused the injury.
- The dangerous condition posed a reasonably foreseeable risk regarding the type of injury that occurred, and either of the following is true:
a.) A wrongful or negligent act by a government employee created the danger.
b.) The public entity had constructive or actual notice of the dangerous condition and enough time to correct the dangerous condition. In other words, the dangerous condition must have existed for some time and was obvious enough that the government should have discovered it.
Types of Government Road Negligence
Injured people can generally sue for the following types of government negligence:
- Failing to repair and maintain potholes, uneven pavement, or large cracks in the road
- Poor design or planning of roads, such as improper grading and sharp turns
- Poor construction of roads and bridges, such as using cheap materials
- Poor road lighting or road signs
Accident Examples from Poor Road Conditions
Here are some examples of accidents caused by poor road conditions:
- A car or truck hits a large pothole and collides with another vehicle.
- Uneven road surfaces cause a driver to lose control of their car, leading to a rollover that injures the driver, pedestrians, and passengers.
- A pedestrian trips and falls on a sidewalk crack.
- A motorcycle driver is not warned to slow down around construction zones because no sign was posted. As a result, the motorcyclist collides with a machine, barrier, or construction worker.
- A car drifts into other lanes and causes a collision due to a lack of clear road paint.
- Uneven pavement leads to axle damage and tire blowout, causing a collision that kills drivers and passengers.
Determining whether you can sue the government for an injury caused by poor road conditions can be challenging. Talk to a trusted attorney at Cutter Law to see whether you can file a lawsuit against the government for your accident.
What Causes Dangerous Road Conditions in California?
Weather conditions are a chief cause of poor road conditions. In particular, Northern California’s heavy rains can cause roads to deteriorate when not maintained properly. Specifically, the weather can:
- Cause mudslides, rockslides, and sinkholes
- Erode road surface, causing potholes, debris, and other hazards
- Wash away road paint, increasing the risk of collision
- Make it harder for inexperienced drivers to drive carefully
- Cause hydroplaning, which happens when a vehicle’s tires slide on water instead of gripping the road
- Create a slippery oil surface that can cause accidents
While government entities can’t control the weather, they are legally obligated to adequately maintain the roads to minimize the effects of bad weather.
If you or a loved one have been hurt by dangerous road conditions in Northern California, Cutter Law’s personal injury lawyers can help you explore your legal options. We will determine whether you can file a lawsuit against the government for its inability to properly design, build, and maintain roads.
Recoverable Damages for Injuries Caused by Defective Roadways
If you have a valid case against the government for injuries caused by defective roadways, you may recover economic and non-economic damages.
Economic or special damages compensate you for all objectively provable monetary losses and expenses caused by defective roadways. They are given to help you reach the financial position you held before your accident. These are some examples of economic damages for injuries caused by dangerous road conditions:
- Past, current, and future medical bills to treat injuries and illnesses caused by your accident
- Lost income due to injuries
- Loss in future earning capacity
- Out-of-pocket expenses
- Costs of hiring someone to perform household tasks while you are recovering from your injury
On the other hand, non-economic or general damages compensate you for non-monetary, subjective impacts on your life. Examples of non-economic damages for injuries caused by defective roadways include the following:
- Inconvenience
- Pain and suffering
- Emotional distress
- Scarring and disfigurement
- Permanent impairments and disabilities
- Trauma and mental anguish
- Loss of enjoyment of life
Time Limit for Filing a Bicycle or Motor Vehicle Accident Lawsuit in California
According to the California Tort Claims Act, the time limit for filing a bicycle or motor vehicle accident claim against a government entity in California is six months after the event that caused the loss or injury. This is significantly shorter than the statute of limitations, or deadline, for filing lawsuits against private individuals and companies, which is two years from the event that caused your losses or injuries.
If you do not file your poor road conditions accident claim within six months of the event that caused your injuries or loss, you may lose the opportunity to sue the government. A personal injury lawyer can help you file your case before the deadline.
How Can Cutter Law Help Me After an Accident Due to Poor Road Conditions?
Although it is possible to sue the government yourself, we highly recommend hiring a skilled Cutter Law attorney to handle your claim. Our lawyers have obtained impressive results for numerous victims, including a $1.895 million jury verdict against Sonoma County in favor of a cyclist injured by a large pothole. Here is what we can do for you:
- Determine your eligibility for filing a claim against the government: Laws such as the California Tort Claims Act can be difficult to understand, especially if you are not an experienced lawyer. Our personal injury attorneys can use their legal expertise and knowledge to determine your eligibility for filing a lawsuit against the government for injuries caused by poor road conditions. If you are eligible, we can explain how to sue the relevant government entity or agency.
- File your claim: After determining your eligibility, we can help you file your claim. We will submit all paperwork before the California Tort Claims Act’s six-month deadline.
- Investigate and gather evidence: Our legal team will also investigate and gather evidence to support your claim. For example, we will obtain medical reports showing the extent of your injuries, document the accident scene, and interview witnesses.
- Negotiate with the other side: We will negotiate with the opposition to secure maximum compensation for your losses and injuries.
- Represent you in court: If the government refuses to agree to an appropriate settlement, we can take your case to court.
Fill in this form today to book a free case review with Cutter Law. If you are eligible to file a lawsuit against the government, we will explain how to file your claim, help you gather and preserve evidence, build a strong case, and negotiate a settlement. If the other side does not offer an acceptable settlement, we can fight for your rights in court.
If you suffer injuries from a parking lot fall, you may be able to sue the owner if they knew or should have known about the condition.
Generally, if the government maintains the sidewalk on which you fell and fails to keep it in a safe condition, you may seek to hold it responsible for your injuries.
Taking the proper steps after a car accident will give you the best shot at recovering the maximum compensation in an insurance claim.