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Car Accidents Caused by Poorly Maintained LA Streets

By Peterson Law Group on May 15, 2024

Government liability laws can be daunting, especially for accident victims dealing with the aftermath of a car accident in Los Angeles that was caused by poorly maintained roads. California law provides certain types of immunity for government officials in these cases, but a skilled government liability attorney can identify legal strategies to help overcome these issues.

There are strict filing deadlines and other hurdles that you’ll have to face. That’s why you’ll want to speak with an experienced government liability lawyer right away.

Common Causes of Road Maintenance Failures in Los Angeles

California’s infrastructure is aging, with many roads and bridges that were constructed decades ago. Over time, natural wear and tear take a significant toll on these structures, leading to deterioration and safety hazards. Environmental factors also play a significant role in the degradation of road conditions.

With California’s weather patterns — such as heavy rains, heatwaves, and even occasional frost — road surfaces can be significantly impacted. Poor drainage allows standing water to create hydroplaning conditions, where tires lose grip on the road, making it difficult to steer or brake. During heavy rains, inadequate drainage can lead to flooding, further compromising road safety.

Rainwater may seep into cracks, weakening the underlying structure and leading to the formation of potholes. Potholes are more than just an inconvenience – they can be a significant hazard leading to serious accidents. When drivers encounter a pothole, their immediate reaction is often to swerve or brake suddenly. These abrupt maneuvers can catch other drivers off guard, leading to rear-end collisions or multi-car pileups.

High traffic is another significant factor that contributes to road wear and tear. Roads designed decades ago may not withstand today’s traffic loads. Clear road markings are essential for safe driving, guiding drivers on lane changes, turns, and stops. When these lines fade, they can create confusion and potentially lead to accidents. Debris, such as rocks, branches, or even litter, may cause drivers to swerve unexpectedly, resulting in collisions. Debris can also damage tires or other vehicle components, leading to loss of control.

Additionally, budget constraints often hamper maintenance efforts because allocating funds for road repairs competes with other public services, such as education and healthcare.

Steps to Take After an Accident Caused by Neglected Roads in Los Angeles

If you were involved in an accident caused by poor road conditions, taking immediate steps is crucial for building an effective claim:

1. Document the scene by taking photographs of the road conditions, vehicle damage, and any visible injuries.
2. Collect contact information from witnesses and other involved parties.
3. Report the incident to the police and request a copy of the accident report.
4. Notify your insurance company about the accident.
5. Contact a Los Angeles government liability attorney right away.

What Is Tort Immunity in Los Angeles and Throughout California?

Tort immunity is a legal doctrine that protects government entities from being sued for any actions performed during their official duties. In California, this immunity is defined by the California Tort Claims Act. Government entities and their employees are generally protected from liability, but there are statutory exceptions that may apply to your case. For example, tort immunity does not cover intentional or egregious misconduct.

A government entity can also be held liable if the entity knew about a dangerous road condition and failed to act within a reasonable time. To prevail in a tort for injuries caused by unsafe road conditions, you must prove that the government entity did not take reasonable steps to correct the hazard within a timely manner frame. You must also establish a direct link between the hazardous condition and the accident that caused your injuries. Gathering this evidence typically involves thorough investigation and expert testimony.

Evidence that the entity knew or should have known about the dangerous condition may include:

• Maintenance records
• Prior complaints
• Reports of similar incidents

When Can the Government Be Held Liable for Poorly Maintained Roads?

There are several scenarios where the government can be held liable for accidents caused by poor road conditions. One example is when a government entity fails to repair a known pothole despite multiple complaints and reports. Another scenario involves inadequate signage or warnings about road hazards, such as sudden drop-offs, construction zones, or sharp curves. If these warnings are missing or poorly placed, the government entity may be responsible for resulting accidents.

If a road is designed defectively, causing dangerous conditions like blind spots or improper drainage, the government entity overseeing the design and construction can likewise be held liable. Cases where inadequate maintenance, such as failing to remove debris or repair faded lane markings, leads to accidents also fall under government liability.

Contact Our Los Angeles Government Liability Lawyers for Guidance

For over 35 years, Peterson Law Group PC has been getting compensation for people who were injured by dangerous roads in Los Angeles, and we’ve won substantial settlements for our clients. Peterson Law Group PC has also been recognized by Super Lawyers for providing our clients with outstanding service based on peer reviews and independent research, and our founder, John Peterson, is a member of the Million Dollar Advocates Forum.

Call our firm at (213) 319-4993 and speak with one of our Los Angeles dangerous conditions attorneys experienced with government liability. Let us help you with legal guidance to seek the compensation you deserve.