According to AAA, potholes resulted in more than $26.5 billion in vehicle damage in the United States in a recent year. In addition to the havoc that potholes can cause to vehicles, they can also lead to accidents, resulting in serious injuries and fatalities.
If you were injured in a car accident caused by a pothole or poor road maintenance in California, you might have legal options for recovering compensation for your injuries and losses. You might be surprised at the options available to you.
An experienced car accident attorney from Belal Hamideh can guide you through the legal process of seeking the compensation you deserve. Contact us today for a free case review.
Why Do Potholes Form?
Potholes form when water seeps into small cracks in the road. As vehicles drive over these cracks, the pavement breaks down. Over time, large portions of the road surface deteriorate, causing holes or craters.
California’s temperature fluctuations and heavy rains can speed up road deterioration. Over a short period of time, thousands of potholes can form, creating dangerous obstacles for unsuspecting drivers.
How Can Potholes Cause Car Accidents?
California has approximately 400,000 miles of roads, so potholes can potentially pop up in many places. Los Angeles received over 16,000 requests for pothole repair in just four months from late 2023 to early 2024.
Potholes can cause car accidents in many ways, including by:
- Damaging the vehicle: Potholes can cause damage to a vehicle’s tires, rims, and axles. When these vehicle parts break or bend, or suspension systems are compromised, the vehicle can fail.
- Losing control of the vehicle: Potholes can cause the driver to lose control of their vehicle, potentially leading to a crash into a stationary object or other vehicles. Motorcycles and bicycles are especially at risk.
- Dodging obstacles: Car crashes can also occur when drivers attempt to swerve away from these road hazards and collide with another motorist. Accidents can also occur when a motorist suddenly changes lanes or brakes, potentially hitting nearby motorists.
- Hydroplaning and low visibility: When it rains on top of these potholes, driving conditions are even worse. Vehicles may hydroplane, or motorists may have low visibility, being unable to spot these hazards until it is too late.
Common Types of Hazardous Conditions That Lead to Car Accidents
Besides potholes, other types of dangerous road conditions that can lead to car crashes include the following:
- Earthquakes: The road can crack and break for other reasons, including earthquakes. This shifting can create uneven tears in concrete and tar.
- Washed-away roads: Roads can sometimes be washed away, leading to unexpected drop-offs.
- Narrow roads: Some streets may be unreasonably constricted. These narrow roads are more challenging to navigate, especially if the road is not adequately lit or it lacks necessary signage.
- Slippery roads: The road can be slippery due to oil or other solvents leaking on it.
- Uneven or narrow shoulders: Uneven or narrow shoulders can prevent a vehicle from stopping safely or cause a car to tip.
- Malfunctioning traffic signals: Traffic lights that are not working correctly can lead to confusion and accidents.
- Missing signage: Streets may be missing stop signs, yield signs, or other critical signs that lead to unclear traffic flow directions.
- Lack of road markings: Road markings help guide drivers and assist them with maintaining their lane. When these markings are nonexistent or have faded, drivers may cross into an adjoining lane and sideswipe the vehicle.
- Construction debris: The road may contain construction materials, tools, or debris due to construction crews not properly cleaning up after themselves.
Liability for Dangerous Road Conditions
It is not always a clear-cut answer of who is responsible for dangerous road conditions. Different parties could be responsible, depending on the circumstances. For example, if a truck dropped goods on the road and the lost load can be traced back to it, the truck driver or company might be responsible for injuries. The California Department of Transportation is responsible for setting road design and implementation standards and may be responsible for designing dangerous roadways.
The government may task contractors with various construction projects. These contractors are legally responsible for following the government’s guidelines while working on these projects, which may include resurfacing pavement, installing guardrails, or implementing other safety features. If these entities fail to complete work according to industry standards, they may be held responsible for any resulting accidents.
Government agencies are sometimes responsible for accidents caused by dangerous conditions. They are also responsible for ensuring contractors comply with relevant regulations.
When Can I Sue the City for Potholes or Poor Road Conditions?
City liability can be complicated and involve issues of governmental immunity. Under California law, a city or other public agency can be held liable if all of the following are true:
- The property was in a state of disrepair.
- The condition created a foreseeable risk of harm.
- The city was aware of or should have been aware of the dangerous condition and had sufficient time to rectify it.
- The dangerous condition directly caused the victim’s injury.
If your case meets these conditions, you may be able to sue the city that was responsible for maintaining the roadway. However, the case will involve additional steps since a governmental agency is involved.
For example, you must give notice of your intent to file a claim with the city or government agencies within six months of your accident or injury. If the government rejects or denies the claim within 45 days, you will only have six months to file a case. This timeline is significantly shorter than that of cases involving private citizens or businesses, which typically have a two-year statute of limitations.
These differences and strict time constraints underscore the importance of hiring an experienced attorney who can guide you through the legal process.
How to Prove Fault in a Dangerous Road Conditions Case
An experienced car accident lawyer can help establish who is responsible for the accident by:
- Gathering records related to reports regarding potholes or other poor road conditions
- Investigating similar accidents in the area
- Investigating the engineering and road design
- Interviewing witnesses
- Working with accident reconstruction experts
- Reviewing city contracts
- Using the discovery process to obtain additional evidence
The experienced car accident attorneys at Belal Hamideh can help gather the evidence necessary to prove liability.
Contact Us for a Free Consultation
If you would like to learn more about your legal rights for pursuing compensation for your property damage, medical expenses, and other damages, contact Belal Hamideh today. An experienced car accident lawyer can review your situation and explain your options.
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