Any motor vehicle operator who is driving an automobile like a passenger vehicle, big rig truck, van, or bus, must make sure that they stay alert at all times, and continuously be aware of the endless number of factors that can cause an automobile accident to occur at any time. There are many people who may not be aware of the fact that numerous accidents and injuries occur simply because of roadway avenues, expressways, and even parking lots, that have been designed defectively or improperly maintained or managed.
Ehline Law attorneys understand pavement and parkway defects and safety lapses, through the glasses of a negligence law attorney. Having won many big cases against government entities, as well as private actors and agents, Ehline is trained through storied practice for suing defendants civilly in cases where uneven pavement, a missing guard rail on a thoroughfare, or a lane with a deep and detectable impression, such as a bad pothole. These examples are not all inclusive of the risks posed in the cases we take on. But hundreds of satisfied clients, and outstanding results are a commonality our happy constituency holds. As you read more about roadway conditions that can kill and injure, if you are truly satisfied that you can go it alone without a legal representative, continue on your quest. Just keep in mind that the man who represents himself has a fool for a client. Consider contacting our multi million d0llar award winning law firm at 888.400-9721.
- Disrepair and Poor Maintenance Makes Public Roads Unsafe
- How Do I Prove the Government is a Potentially Liable Defendant?
- List of Potential Risks and Pitfalls Establishing Government Liability
- Importance of Immediate Investigation and Documentation of Facts and Witnesses
- How Do I Prove a Roadway Defect Case Against Multiple Defendants?
- Roadway Defect Lawsuits Are Among the Most Complex of All Dangerous Condition Claims
- Consult an Attorney Immediately, Do Not Pass Go!
Disrepair and Poor Maintenance Makes Many Streets Unsafe
The condition of the path upon which travel occurs in a continuous manner, can present serious negative consequences to the occupants of a passenger car, cyclist or person wandering about on foot. In particular, heavy commerce paths, such as those traveled upon by big rigs, and construction trucks, “use up” the roadway’s integrity, especially when they are main arteries and intersections that are continuously traveled upon near airports and main town centers. These larger conveyances in particular, coupled with construction crews, and things like safety equipment, definitely play a major roles in numbers of fatalities, and disabling injuries on California roadways.
Too many cars, and too much wear and tear means that certain patches and routes, for whatever reason, may pose a more serious threat to a greater percentage of vehicle operators sharing the tracks, than on the other, less trafficked sections of the crossroads and byways. Not only are there a significant number of accidents at these locations, a significant portion of them are onset due to a pattern, practice and behavior of persons in charge in failing to make stepped up inspections within a reasonable amount of time to detect, repair and avoid a wreck, failing to make adequate inspections at all, or failing to warn, and protect before, during and after the repair of the lanes. Failure to properly control and direct traffic during these times is also a major cause of devastating and life threatening pile ups.
Consider that poorly maintained roadways become more of a risk when the upkeepers don’t take steps to mitigate or lessen the risks to drivers, such as signage indicating the need for reduced speeds, failure to install, maintain, or have the proper type of lane markers, lights, signs, shoulders, exit ramps, and side medians. As you can see, there are many potential issues one must be able to discover, especially when it is a government claim, where the Tort Claims Act provides immunity, unless the Plaintiff can defeat summary judgment with evidence and facts showing that Plaintiff can make a showing that exceptions to sovereign immunity apply.
How Do I Make a Showing the Government is a Defendant?
In order to get sufficient monetary recovery against a public entity for a roadway defect, the Plaintiff must show:
- The government had control and guardianship over the disputed section of pavement or unpaved section where you suffered injuries or fatality;
- The highway itself presented an unreasonable risk of harm or danger to users of the pathway;
- The government had actual or constructive notice of the dangerous condition and failed to take timely, reasonable efforts to repair, or diffuse risks associated with the disrepair; and last,
- The defect and danger was the actual and proximate cause of the plaintiff’s serious injuries or loss.
Most Typical Passageway Imperfections
Although it is impossible to expect the main drag to always be in perfect condition, it must be maintained in as safe a condition as possible. Other defects constituting hazards to users, and bystanders, include some of these more regularly ascribable deficiencies discussed below. Consider this non-comprehensive checklist in choosing to pursue a potential legal case, inter alia:
- Shoulder Drop Offs;
- Dangerous Intersections.
- Potholes and Depressions;
- Design Defects Not Approved;
- Dust and Debris Left Behind a Crew;
- Unmitigated Grease, Oil, Gravel Causing Spin Outs;
- Dis-Functioning Signs, Barriers or Warning Alarms, like Traffic Signals, Improper Signaling and Traffic Control Devices that are Blocked or Hidden From View;
- Negligent Failure to Install Warning Signals or Signage at All, When Warranted by Conditions;
- Defective or Insufficient Notice of Traffic Changes on the Shoulder, Such As Construction Work and Barricades;
- Failure to Warn of Hazardous Weather Conditions Making Use of Road Untenable;
- Failure to Install or Maintain Proper Lighting for the Lanes and Entry Ways as Needed;
- Failure to Upkeep Divider Lines/Islands With Adequate Highway Division Marking With Reflective Tape, or Fluorescent Road Paint Edging.
Significance of Timely Investigation By An Expert
Determining how and why a bad freeway collision took place, is sometimes quite nebulous. Other times, the untrained client blames a party that may have been the victim of a dangerous road themselves, who, through a chain of unbroken events, were thrust into the case by no fault of their own. An example could include debris in the road that causes the car next to you to jump lanes and hit your car. The real cause of a traffic collision is not always 100% unclouded. In fact, single vehicle crashes often appear to be the fault of the conveyance operator, when in fact, no driver error is even present. Often times, a dangerous road is what really caused the blow-out and smash-up.
Just due to all of the potential issues that arise in finding liability in these complex cases alone, Ehline Law gets out to the scene right away. Ehline has at their fingertips, a list of the best professional accident reconstructionists, bio mechanics, engineers and safety specialists. When you are down on your luck after an unsettling even such as this, it is paramount to retain a pro like us. You need an ace who can pin down the evidence of defects, and liability. You must get out there and gather witness statements, so parties who change their stories later, can be shown to be lying. You need to lock down statements, such as who saw what and when, in order to prove to the decision makes with the purse strings, that your are going to win at trial. Once you establish the accident-causing defects and conditions, the onus is on the defendant to make you a reasonable offer of settlement.
How Do I Prove a Roadway Defect?
As discussed, in California, pre-approved construction plans afford the government sovereign immunity, unless an exception applies. One such method Ehline uses to show a substantially changed condition, is the history of accidents at the scene. In many cases, a road was designed to handle X amount of traffic, but population increases and traffic flow have evolved over time, and the condition is now Y.
It is possible to see through passage of time, that the frequency and severity of accidents has increased. A victim can show the defendant knew or should have known about this, and that it was possible to make reasonable changes to prevent such an accident. Ehline uses its well heeled, experienced staff and investigators to locate traffic flow and accident reports, to identify who the people were that failed to make the condition safe. This is just one of the ways a talented attorney can prove the city, or state was negligent in failing to maintain the roads in a safe manner, consistent with passage of time changes in use.
These Cases Are More Complex That Run of the Mill Car Accidents
Handling a defective roadway lawsuit means the litigator is fine tuned in complex, and multi faceted car accident suits. In this area of interest, as noted above, the accountability and blame typically lies with government entities, since expressways are customarily administered by federal, state, county, public city agencies, sections and bureaus. Piercing the veil and shield of immunity, and making the case stick, is no walk in the park for even a well trained attorney.
Furthermore, the potential list of heterogeneous parties potentially liable for some of the money damages may mean managing a heavy and burdensome caseload. each party will throw up their own defenses, motions and arguments. For a single person, or poorly trained lawyer, this means money will be falling through the cracks. Firms like Ehline have the resources and veteran savoir-fare to handle these complex cases, and keep the ship sailing. We will make it happen and sue everyone who may be at-fault, to get you that windfall like recovery you deserve.
Consult With a Lawyer Immediately
Whether or not you think the accident was your fault, your safe bet is to consult a serious injury lawyer before admitting or confessing anything to anyone, especially city comptrollers, clerks, or traffic accident investigation officers and to insurance liability adjustors. Ehline Law Firm PC comprehends the Herculean task ahead in any roadway defect claim presented, and we fight hard to hold those responsible for your malaise and right the wrongs that led to this unfortunate happenstance. Call for a hassle free, no obligation case eval, and get yourself some confidence by your side. Ehline will diligently investigate every angle of your case and put your interests in a light most favorable to a positive outcome for you and your family.
We deal everyday with the grim outcomes of these tragedies, and we have aided countless victims in rising up like a phoenix from the ashes of a tragic road defect case. Call 888-400-9721 to speak to a consummate professional. We are your statewide law firm for injuries resulting from torts.