Obtain Compensation for Injuries on Unsafe Roads
Unsafe roads can lead to a motor vehicle accident. Most of these accidents are caused by hitting a pothole, resulting in damage to the vehicle. Others can lead to a major traffic accident. This can leave those involved in the crash with severe injuries or even cause fatalities. Since a government entity is responsible for making roads, city streets, bridges and overpasses safe, they can be held liable for accident injuries.
Time Limits to File
The California Tort Claims Act states that an individual who wants to file a claim against a government entity has a limited time to do so. A claim must first be sent to the person who is the head of that specific agency. The clock starts ticking on the date it was mailed. Afterward, the agency has up to 45 days to answer. However, if the notice is through the mail system, it will be extended five days if the person is in California. The agency will either approve or deny the claim. If denied, a lawsuit must be filed within 180 days from the time of their injury or the loss of a family member due to government negligence. The time limit is extended to two years if the person filing does not hear back.
Importance of the Time Factor
Most claims for personal injuries are usually two years. Since many people are unaware of this shortened timeline in which to file a government claim, many are filed too late, so the cases are dismissed. This is one of the reasons it is important to be represented by a seasoned personal injury lawyer. An attorney with experience in handling these types of claims and breaking through government immunity is important in a claim against unsafe roads.
What Constitutes Unsafe Roads?
Wear and tear on a road surface, poor design, failure to adequately perform maintenance and weather conditions can contribute to unsafe roads. They can be the cause of motor vehicle crashes, bicycle accidents or motorcycle collisions. Problems that can be encountered that may contribute to an accident on unsafe roads include:
- Potholes, heaved pavement or cracks, which can cause a vehicle to enter another lane or lose control.
- Inadequate or defective guardrails.
- Missing or obscured road signs.
- Foliage that is overgrown and obscuring signs, traffic lights or vehicles.
- Curves in the road that are poorly designed and dangerous.
- Damage to overpasses and bridges that can lead to an accident.
- Inadequate lighting or lights that are out, which obscures a driver’s vision and can lead to a pedestrian accident.
- Lack of lane markers or fading where they are present.
- Malfunctioning traffic lights, which can lead to intersection accidents.
Information to Tell Your Lawyer
It is always a good idea to have needed information when you contact a personal injury lawyer for a free consultation. Some of the information you should include in an unsafe roads claim is:
- The location and closest address or store where your accident injury occurred.
- What direction you were going at the time.
- The records of your accident and expenses such as the police report, repair bills for your vehicle, medical bills and so forth.
- A description of the road negligence that caused your injury is important, and photos can document the evidence.
- Photos of your physical injury and damage to your vehicle.
Sacramento Personal Injury Lawyer
I’m Ed Smith, a Sacramento personal injury lawyer. Whether negligence by the county, state or other entity caused your injury, you may be able to be compensated. Call me at (916) 921-6400 for my free and friendly advice. My toll-free number is (800) 404-5400. An online contact form is also available for your use.
Over my 37 years as an injury lawyer, I’ve helped numerous Sacramento residents to recover damages for their accident injuries. Among the many areas I represent are any type of car accident, wrongful death, and brain injuries.
I’m honored to belong to a number of legal associations including the following:
- National Association of Distinguished Counsel: This group represents only the lawyers who exhibit excellence in their law practice.
- The Million Dollar Advocates: Only trial lawyers who have won in excess of one million dollars for a client can join this group.
Go to the following pages to learn more about my practice:
Photo Attribution: https://pixabay.com/photos/pothole-road-kazakhstan-hole-1703340/
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