The layout of a city street or intersection can contribute to a dangerous action. But if you are hurt in a collision, you may have trouble holding the city responsible.
California Government Code protects cities, counties, and the state from liability in accidents caused by the design of a road lane or feature. As long as the design was approved by the right authorities before construction, agencies can often hide behind a so-called design immunity.
Neither a public entity nor a public employee is liable under this chapter for an injury caused by the plan or design of a construction of, or an improvement to, public property where such plan or design has been approved in advance of the construction or improvement by the legislative body of the public entity or by some other body or employee exercising discretionary authority to give such approval or where such plan or design is prepared in conformity with standards previously so approved, if the trial or appellate court determines that there is any substantial evidence upon the basis of which (a) a reasonable public employee could have adopted the plan or design or the standards therefor or (b) a reasonable legislative body or other body or employee could have approved the plan or design or the standards therefor.
When the City Can’t be Held Liable for a Bad Intersection
You may have a least favorite spot on local roads where you feel the way the lanes are marked off, or how the traffic light pattern works, makes it a dangerous place. Perhaps that location has caused you some close calls or even a collision.
The city or county can sometimes be held accountable for the conditions of roads and for accidents and injuries that result. However, a hazardous traffic pattern, or a curb design that can send vehicles out of control, may not leave Caltrans or a local City DOT responsible.
Under GOV 830.6, government agencies get partial immunity from liability for accidents caused by a lane pattern, or some other civic design element.
The code protects the government and its employees and can apply to these circumstances:
- The plan or design of public property
- The construction of public property
- An improvement to public property
See: Other California traffic laws that may determine who pays after an accident.
When Cities Avoid Liability
Under the code, government officials (and their government lawyers) would point to several factors when seeking to dodge blame. They could show that the road’s layout didn’t have a strong connection to the accident.
They’d also show how plans for the road had been approved by an authorized body or employee, and that the design complied with approved standards. Evidence showing how the design is considered reasonable would also be used as a defense.
Is the Traffic Engineer Responsible?
Under GOV 815.2, victims hurt by the actions of government employees are allowed to hold the department responsible.
However, design immunity often applies to the designers behind road layouts in cases where the way lanes and other features are arranged or installed is alleged to have hurt someone.
When Immunity Doesn’t Protect Cities
This design immunity doesn’t always prevent injured victims from earning support from cities, counties, or the state.
A few possible exceptions do exist. This is a look at a few of them:
- When victims prove that the dangerous feature that caused an accident wasn’t a part of the original design.
- When victims show that the original design has been changed over time through use or weathering.
- When victims show that city officials knew about a problem with the road, but failed to warn motorists, pedestrians, and cyclists.
A skilled California car accident attorney can help car accident victims collect the evidence they need to prove the city was responsible for a bad stretch of road.
See: The Deadlines for filing accident claims against the government.
Determining If You Need a Lawyer
If you are seriously hurt in an accident, and a government department or employee was at fault, it’s a good idea to go over your options with a skilled attorney. Your case may be very complex, and you can be talked out of the support you need to fully recover when you don’t know your rights.
Contact Maison Law for a free case consultation as soon as you can. It’s confidential, and it comes with no obligation. There are also no upfront costs if you need to hire a lawyer. We aren’t paid unless we win your case. Then our fee comes out of the settlement the government is forced to provide.