In spite of high gasoline taxes, California's road quality is poor. We have one of the worst highway systems in the country. Part of this is a result of poor road maintenance. Not all of the revenue related to vehicle fees and gas taxes is invested in our roads, and sometimes the consequence is serious injuries or even death. If you were harmed by poor road maintenance in Southern California, the Los Angeles car accident attorneys at Sharifi Firm may be able to help you recover damages from the appropriate parties.
Poor Road Maintenance May Lead to Serious AccidentsSometimes car accidents arise from issues such as potholes, oil spills, a construction zone, a wet road, standing water, or another condition that shows that a road has not been properly maintained. You may be able to hold the owner of the road liable if you are injured due to these conditions. The steps that need to be taken depend on who owns the road.
If a private owner owns the road, you may be able to bring a premises liability lawsuit against the owner for poor maintenance. All property owners owe a duty to use reasonable care to inspect their property for dangerous conditions and make repairs or provide warnings. In the context of road maintenance, a property owner should properly maintain a private road on which the public travels. You may be able to hold the property owner liable for poor road maintenance if you are injured by a dangerous condition of which the owner knew or should have known.
However, in some cases, a road is public. Can you sue the governmental agency responsible for the road? Generally, in California, public agencies are immune from suit except when a statute lifts this immunity. A governmental or public agency could be liable for a dangerous condition that exists on a public road when it knew or should have known about the dangerous condition, an injury is legally caused by the dangerous condition, and the agency owner of the road could reasonably foresee the risk of injury.
Before you can sue a governmental entity responsible for poor road maintenance, your attorney will need to file a claim that meets the California Tort Claims Act's rules. No lawsuit for monetary damages can be brought against a governmental entity unless a written claim has been filed within a six-month period. Under Section 910 of the Government Code, you will need to include your name and address, the circumstances and date, the place where you were injured, a description of what your injuries are, the name of the government employee involved in the poor road maintenance if you know it, and other information. The claim needs to be filed within six months of being injured.
What if you did not know the reason for filing when you were injured? The six-month period starts to run when you become aware of the reason for the injury. This is why it is crucial to retain an experienced attorney immediately after a serious accident. If you do not file within the given six-month period, you can apply to be allowed to file a late claim within a year from the injury date. The valid reasons why a late claim will be permitted to be filed are mistake, surprise, inadvertence, excusable neglect, being a minor throughout the six-month window, mental or physical incapacity, or death. The reasonableness of your delay depends on the facts, and it can be helpful to work with an experienced personal injury attorney in this process as well.
Retain a Los Angeles Lawyer Following a Motor Vehicle CollisionPoor road maintenance can result in substantial injuries to drivers in Los Angeles and the surrounding areas. At Sharifi Firm, APC, our experienced motor vehicle collision attorneys can evaluate the circumstances surrounding the accident, retain experts as appropriate, and advocate for your right to compensation. It is important not to delay in contacting us because the window for bringing a claim against the government is quite narrow. Contact us online or call us at (866) 422-7222. We also represent victims in cities such as San Bernardino, Temecula, Rancho Cucamonga, Glendale, Covina, and Riverside.