San Bernardino CA Road Hazard Auto Accident Lawyer
Attorney for Road Hazard Accidents in San Bernardino, California
If you, a family member, or a friend were driving in San Bernardino and injured because of hazardous or unsafe road conditions, call San Bernardino accident attorney George Arvanitis at 1-800-HURT-NOW.
Your injuries might have been caused by negligence on behalf of another party, and you may be entitled to compensation.
Accidents Caused by Roadway Hazards
Examples of roadway hazards that can cause accidents:
- Poorly-managed road construction projects
- Spilled cargo from a truck
- Debris on the road
- Poor road design or lighting that is insufficient
- Unstable or otherwise not maintained guardrails
- Potholes or other unsafe conditions on highways or streets
Who Is Responsible For The Roads?
The government is directly responsible for keeping the conditions of the road safe at the federal, state, and local level. The Department of Transportation in the State of California is responsible for maintaining the streets and highways throughout the state. If an accident was caused by defects, hazards, or road construction, it is likely that the branch of government that is directly responsible for the road is at fault.
The California Government Code § 835 outlines when the government is responsible by law for the conditions of a road. For an injured party to prevail in a lawsuit, he/she must prove the following:
- The accident occurred because of a hazardous condition
- There was an opportunity for the responsible agency to resolve the situation prior to the accident
- The potential for an accident was great because of dangerous conditions
- The chance of an accident was foreseeable and still happened
In addition, the injured person must prove that the hazardous conditions were the results of careless, poor workmanship on the part of an employee.
The Department of Transportation for the State of California is only required to deterimine that “reasonable repairs” have been made to the road, not keep it in flawless condition. These types of cases are considered to be very complicated and difficult to prove, which is why you should discuss your case with an attorney, including specific circumstances of your situation, who might be responsible for the accident, and who might be liable.
If An Accident Is Caused By A Spill On The Road, Who Is At Fault?
Accidents are occasionally caused by road spillage. When a road spill occurs, the accident was not caused by hazardous road conditions — but instead was caused because another vehicle spilled its contents onto the road. The specific type of material dropped can add another level of danger to the situation. In these cases, the driver and/or the trucking company could be responsible for any damages and injuries you have suffered. In some cases, the cargo company can also be proven liable if the cargo was loosely or improperly loaded.
Road hazard cases can be hard to prove and, in many cases, the odds are against you, including laws protecting companies or governmental entities, statutes of limitation, and straight immunity for the government. Learn more about your options by calling George Arvanitis at 1-800-HURT-NOW.