San Diego Road Hazard Auto Accident Attorney
Road Danger Accident Attorney in San Diego
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. Now because of someone else’s carelessness, not your own mistakes, you have to deal with injuries. Contact an auto wreck attorney in San Diego today.
Types of Highway Hazards that May Cause An Accident
Examples of hazards that can cause an accident include:
Road construction projects that are poorly managed
Road debris or spilled cargo
Terrible road design or bad lighting
Unbalanced or unstable guardrails
Roadway imperfection such as potholes
The one who is responsible for a road hazard accident is very dependent on the nature of the accident.
Who is the party liable for maintaining keep on 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. 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.
The California Government Code § 835 and all of its subparts outline the specifics of when a governmental agency can be held legally accountable for the circumstances of a highway.
For a claim to be successful, the injured party must demonstrate that:
Dangerous conditions were existent
The government was given notification that the condition existed
The accident could have been avoided
It was the hazardous road conditions that cause the injuries
In part, the one who was injured has to prove that there was an employee that could have fixed the issue, but was neglecting his job. 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 George Arvanitis 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?
There are times where a hazardous condition causes an accident that isn’t a construction of maintenance road issue. 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. The nature of the cargo can add a great deal of concern itself, especially the materials are hazardous. If the materials are specifically hazardous, it can greatly impact anyone in the accident and even those that are in the same general area. If the accident was indeed caused by spilled cargo, it could be the trucking company or the driver who is at fault. If the materials were not loaded or sealed correctly, then the fault may be placed on the cargo owner.
Contact Road Hazard Accident Attorney George Arvanitis today
Allocating and demonstrating the correct liability in the event of a road hazard related accident can be complex to handle. Government immunity, laws, and statutes of limitations all have a role in your case. Call George Arvanitis at 1-800-HURT-NOW: (800) 487-8669 to learn today how to exercise your rights.