Who is Liable when Road Defects Cause Accidents?

Oct 06,2017

While most car accidents are the result of driver error or negligence, sometimes road defects can cause accidents. Whether the road construction itself was dangerous or there was a defect like a large pothole, you might be able to seek compensation for your accident.

Road defects that might cause an accident include:

Lack of traffic signs or lights
Insufficient lighting
Uneven pavement/potholes
Missing guardrails or barriers
Dangerous shoulders
Improper signage

Who is Responsible for Road Defects?

There are several different entities that might be responsible for the road defect that caused your accident. These include government organizations such as the California Department of Transportation and Caltrans, as well as the construction companies in charge of road construction or maintenance.

In order to hold a government entity responsible for an accident caused by a road defect, you will have to prove several things. Because the government has immunity in most roadway design and failure to sign claims, holding them responsible for your accident can prove difficult. For one, you will need to prove that the defect is indeed what caused the accident. Additionally, you must show that the road created an unreasonable risk of injury or was defective. Then you must show that they had warning or notice of the defect within a reasonable amount of time, and failed to fix the problem.

Recovering damages for an accident caused by a road defect is no simple task. However, your personal injury attorney will be able to help you determine how to proceed with your case.

“The organizations in charge of maintaining our roadways have a responsibility to keep those roads safe for drivers. When a road defect goes unfixed and leads to an accident, the victim should be able to seek compensation for their injuries,” said Attorney Walter Clark, founder of Walter Clark Legal Group.

Our firm has been handling personal injury cases throughout the California Low Desert and High Desert communities for over 30 years. With a 95% success rate, the personal injury attorneys at Walter Clark Legal Group will fight to hold those responsible for your loss accountable and win compensation to cover medical bills, lost wages, and pain and suffering. If you have been injured in an auto accident and want to discuss your legal options, contact us today for a free consultation with an experienced personal injury lawyer. We have offices in Indio, Rancho Mirage, Victorville, and Yucca Valley and represent clients through the entire California Low Desert and High Desert communities.

DISCLAIMER: The Walter Clark Legal Group blog is intended for general information purposes only and is not intended as legal or medical advice. References to laws are based on general legal practices and vary by location. Information reported comes from secondary news sources. We do handle these types of cases, but whether or not the individuals and/or loved ones involved in these accidents choose to be represented by a law firm is a personal choice we respect. Should you find any of the information incorrect, we welcome you to contact us with corrections.