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Roadway Defect Car Accident? | Can You Sue After a Roadway Defect Car Accident?

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Common Roadway Defect Conditions That Cause Car Accidents

Common Roadway Defect Conditions That Cause Car Accidents

Jul 27, 2021

2020 was a dangerous year for drivers. As the National Safety Council (NSC) reported, the fatality rate increased by a startling 24%. As drivers, we all take various precautions to ensure that we’re sharing the roads and highways safely with others. In the unfortunate event of a car accident that results in an injury, the at-fault driver may be forced to pay the victim financial compensation through a personal injury lawsuit.

But what happens if instead of another driver’s error or negligence, your car accident injury was due to a roadway defect? Can you sue if a dangerous roadway condition leads to a car accident injury?

Below we’ll review the most common dangerous roadway conditions that lead to car accidents. We’ll also provide you with important information regarding how to file a civil lawsuit seeking financial compensation for any medical bills, lost wages, or pain and suffering due to a roadway defect crash.

Our experienced attorneys can help you pursue a financial award for your personal injury case. Contact us online or by phone for a free consultation today.

Common Dangerous Roadway Conditions That Cause Car Accidents

Dangerous roadway conditions can occur for a number of reasons. Poor construction, improper design, or faulty planning can all result in defective roads or highways. Additionally, simply failing to properly maintain roadways can lead to gradual deterioration. But whether it’s a mistake or an oversight, the ultimate effect is often a serious car accident that includes an injury (or, in extreme cases, a fatality).

Some of the most common dangerous roadway conditions or defects include:

  • Potholes
  • Shoulder drop-offs (improperly graded curves)
  • Uneven pavement
  • Inadequate lighting
  • Missing guardrails or median barriers
  • Faded or missing lane markers
  • Bridge or overpass damage
  • Extreme curves
  • Broken or malfunctioning stoplights
  • Improper drainage systems (leading to flooding, etc.)
  • Overgrown foliage or vegetation
  • Inadequate or missing road signs (including warnings or hazards)
  • Misplaced road signs
  • Construction site negligence
  • Defective materials

If you’re injured in a car accident as a result of a dangerous roadway condition or defect, you may be eligible for substantial financial compensation. Filing a personal injury lawsuit against the city, state, or federal government agency responsible for maintaining safe roads in your jurisdiction can be an avenue for recovering said compensation.

A personal injury lawsuit is a means of pursuing any losses you endured as a result of a roadway defect or dangerous condition car accident. These “losses” are often referred to as damages in legalese, and they can be both economic and non-economic.

Examples of common economic damages recoverable through a personal injury lawsuit include:

  • Hospital or medical bills
  • Physical therapy or rehabilitation expenses
  • Lost wages
  • Lost earning capacity

Examples of common non-economic damages recoverable through a personal injury lawsuit include:

  • Pain and suffering
  • Emotional or psychological trauma
  • Reduced quality of life

How Can I Prove a Roadway Defect or Dangerous Condition Caused My Car Accident?

How Can I Prove a Roadway Defect or Dangerous Condition Caused My Car Accident?

Proving any personal injury claim involves demonstrating four specific elements:

  • A duty of care existed
  • The duty of care was breached
  • An injury occurred as a result
  • Direct cause can be established

If you’re injured in a car accident that is caused by a roadway defect or condition, proving your claim under the law may not be as straightforward (or easy) as it seems. Although it may be clear that the roadway defect existed (whether a pothole, cracked pavement, etc.), proving that the entity responsible for keeping that road safe is legally negligent can be an entirely different challenge.

That’s where having a skilled and dedicated car accident lawyer can be so important. With Dordulian Law Group (DLG), you can be confident in our experience and dedication, which translates into proven results:

  • 98% success record
  • More than $100,000,000 recovered in settlements and verdicts for injured victims
  • Over 25 years of combined experience
  • Countless glowing client testimonials

As a former Deputy District Attorney for Los Angeles County, Sam Dordulian offers a level of experience that simply can’t be found at most personal injury firms. With over 100 jury trial victories, injured car accident victims can have peace of mind knowing we’ll always fight to help you recover maximum financial compensation – even if that means taking your case to trial.

Unlike settlement mill firms that might be quick to accept a lowball offer from the at-fault party or insurance company, at DLG we fight tirelessly on your behalf to recover every applicable ounce of financial compensation for your roadway defect car accident claim.

How Long Do You Have to File a Roadway Defect Car Accident Claim?

As with most personal injury lawsuits, the injured victim typically has two years from the date of the incident to file a claim seeking financial compensation. For the majority of car accidents, the standard two-year statute of limitations usually applies. However, the statute of limitations can vary if you’re filing a claim against a government or public entity (which is typically the case in roadway defect or design cases). In such instances, the statute of limitations is often reduced to only six months (or potentially even less time in some cases).

The specific circumstances of your roadway defect or design car accident may impact the amount of time you have to file a claim. Accordingly, it’s important to contact an experienced and trusted personal injury lawyer from DLG’s Car Accident Division team as soon as possible.

Schedule an appointment online for a free consultation today, or call us directly to speak to our top-rated, expert car accident attorneys.

Steps to Take After a Roadway Defect Car Accident

We’ve covered the 10 Important Steps you should take after a car accident previously, but when it comes to roadway defect or dangerous condition crashes, capturing photos and videos of the scene can be especially important. If possible, be sure to take pictures and videos of the actual crash scene as well as the surrounding areas.

Preserving evidence can be particularly important after a roadway defect car accident. That’s why DLG employs an in-house Chief Investigator – Moses Castillo – who recently retired after nearly 30 years as a detective with the LAPD. Castillo spent part of his career in the department’s elite Central Traffic Division, investigating and closing high-profile hit-and-runs, rollovers, and multi-car crashes. Today, Detective Castillo helps DLG’s car accident victims by uncovering any piece of evidence that can help prove their claims and increase their financial damages awards.

Examples of Dangerous Roadway Condition or Defect Settlements/Verdicts

In recent years, victims who have been injured in California roadway defect car accidents have successfully recovered multi-million dollar settlements and been awarded substantial jury verdicts. Some examples of such cases include:

  • In 2012, a $31.5 million settlement was awarded to a motorcycle driver who filed a personal injury lawsuit against the California Department of Transportation for a dangerous road condition that led to a serious crash.
  • In 2015, a $9,850,000 settlement was awarded to a driver who filed a personal injury lawsuit against the California Department of Transportation for failing to maintain the highway’s shoulder (which resulted in a serious crash).
  • In 2015, a $14 million verdict was awarded to a motorcycle driver’s surviving family in a wrongful death case filed against the California Department of Transportation. The claim alleged that the fatal crash was a result of no warning signs being posted to indicate the extreme curve in the roadway.

Contact California’s Leading Car Accident Lawyers Today

Whether your car accident injury was the result of another driver’s negligence, or your local government’s failure to properly maintain the roads caused your crash, the experienced and trusted team of car accident lawyers at DLG is here to help. With a 98% success record and more than $100,000,000 successfully recovered in settlements and verdicts for our clients, DLG is the absolute best choice available when searching for competent, qualified, and proven Los Angeles, California-area car accident lawyer.

Contact us today online or by phone at 818-322-4056 for a free consultation. We’ll listen to the facts of your case, launch a thorough and professional investigation, and determine the best course of action for you specific circumstances. When it comes to who to entrust with the important responsibility of handling your car accident personal injury claim, don’t settle for anything but the DLG Advantage.

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