If a car's tires move over a slick surface, they may lose traction, resulting in the driver losing control over the vehicle. Hydroplaning often happens because roads are slick. It can happen if there is excess water on the road due to broken sprinklers or a water line, or it may be during a long period of rain. Sometimes it is a result of poor road maintenance. Whoever created the excess water hazard on a road may be held responsible for a hydroplane car accident. Our Los Angeles car accident lawyers are here to help victims seek compensation for injuries caused by an accident.
Hydroplane Car Accidents Can Cause Serious HarmWhen a driver loses control of a vehicle due to hydroplaning, there is often a collision. It may be a collision with an obstacle, such as a wall or a fire hydrant, or it may involve another vehicle. In some cases, there is nothing to be done because the water on the road was there due to nature, such as in the case of a rainstorm or other weather conditions. In those situations, you may be responsible for your own damages.
There are instances, however, in which you may be a passenger in a car in which the driver was speeding in spite of poor weather conditions, and you may be able to hold the driver responsible for your injuries. You will need to show that the driver was negligent. This means that you will need to prove by a preponderance of the evidence that the driver owed a duty of reasonable care, from which they deviated, and you were injured as a result.
In other cases, a road may be maintained negligently by the county or state, and in those cases, it may be possible to hold those entities responsible through a premises liability lawsuit. The way in which a road is built can affect accidents. For example, if there are insufficient drains or the drains are blocked for long enough, there is a greater chance of hydroplaning. Similarly, if ruts are not fixed, water may pool there, resulting in hydroplaning.
In a premises liability lawsuit against the government for negligent road design or maintenance, you will need to show negligence as well as either:
The creation of the condition that caused hydroplaning by a government employee acting within the course and scope of employment, or
The public entity’s actual or constructive notice of the road condition or lack of maintenance that caused the hydroplaning
Constructive notice may be established by showing how long the condition existed. If poor maintenance degrades a road for a period of months or years, it may be found that a public entity should have known about it. Generally, if you want to bring a tort claim against the government, you must give notice to the public entity within six months of the accident. The notice must contain specific information, and it is wise to retain an experienced attorney immediately after your accident to make sure that the proper notice is given.
Another potential reason for hydroplaning is poor tire tread or tire pressure. In some cases, these problems are the fault of the driver. If you are a passenger, or somebody in another car that is hit by a hydroplaning car, you may be able to hold the driver of the hydroplaning car responsible under a theory of negligence if the driver failed to replace tires or check their pressure. In other cases, there may be a third party responsible, such as a repair shop.
Consult a Knowledgeable Car Accident Lawyer in Los Angeles or BeyondAfter an accident, it is important to determine what the causes of the accident were. This can provide insight into whether or not there is a legitimate claim against a driver or entity. If you were injured in a hydroplane car accident in the Los Angeles region that you believe was somebody else's fault, you should consult an attorney. At Sharifi Firm, APC, our experienced attorneys can evaluate the circumstances surrounding a motor vehicle collision to determine whom to hold accountable for your injuries. Contact us at (866) 422-7222 or via our online form. Our lawyers also represent victims in cities such as Temecula, Rancho Cucamonga, Glendale, Covina, San Bernardino, and Riverside.