The Government Code (GOV) of California gives drivers the right to file injury claims for accidents caused by terrible road conditions. There are some conditions that have to be met, and the deadline for filing comes quickly when you are seeking compensation from a city, county, or state government.
Except as provided by statute, a public entity is liable for injury caused by a dangerous condition of its property if the plaintiff establishes that the property was in a dangerous condition at the time of the injury, that the injury was proximately caused by the dangerous condition, that the dangerous condition created a reasonably foreseeable risk of the kind of injury which was incurred, and that either:
(a) A negligent or wrongful act or omission of an employee of the public entity within the scope of his employment created the dangerous condition; or
(b) The public entity had actual or constructive notice of the dangerous condition under Section 835.2 a sufficient time prior to the injury to have taken measures to protect against the dangerous condition.
The Evidence to Sue a City Government for Road Conditions
There are few things more frustrating for California drivers than hitting a pothole they see every day, being sent into an accident, and wondering who can be held responsible.
In California, drivers can hold local DOT officials responsible for road damage that causes accidents. The right to seek help from a city public works department, or a California department, is granted by Government Code 835. However, not every accident qualifies.
First, drivers will need to prove that dangerous conditions on the road caused an accident that led to an injury. Next, they’ll need to prove that the accident was foreseeable by road crews and administrators.
One of these two factors must play into the accident:
- The employee of a public entity, like CalTrans, created and left behind the hazard; or
- The department received complaints about the roadway damage, but didn’t take action to fix it in a reasonable amount of time.
In some cases, it’s also okay to rely on the idea that even if the city wasn’t warned about a problem, they had enough time that they should have spotted the issue themselves. Routine inspection and prompt action would’ve prevented the issue.
How a Lawyer Helps When Suing the DOT
Cases against government departments and against cities will be complex. They come with some definite pitfalls if you don’t have legal experience.
A car accident lawyer with a strong background in California law can provide definite advantages when taking on a government entity.
- Fully investigate your accident, your diagnosis, and the history of the road damage (e.g., how long it was there, if it had been reported before, if it caused other accidents)
- Determine if the road was the state’s responsibility or a city or county responsibility
- Help you file your claim before the fast-approaching deadline that applies when suing a government department, often only 6 months, a statute of limitations explained in Government Code 911.2
- Back your claim with evidence so that city officials can’t claim they aren’t responsible for your accident and injury
- Take on government lawyers when they try to blame you for a crash or question how bad your injuries are
- Help you file the required paperwork and make sure all documents are correct
- Fighting to get you the most possible, often much more than you could earn for yourself
Contact a California Lawyer After Being Hurt by a Pothole
If you are seriously hurt in a roadway accident caused by damaged pavement, contact a California car accident attorney. Go over your options in a free, confidential case consultation with a real lawyer. We can go over the best ways to force a city agency to pay for your car repairs, your medical bills, your lost income, and more.
If you do need our help, you don’t have to have any money to hire a lawyer. In fact, Maison Law isn’t paid unless we win your case for you. Then our fee comes out of the check that a government entity must write for you.
