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In some cases, you or someone you know will be driving on the highway, abiding by traffic laws, and then end up in an accident because of hazardous road conditions. Even though you were careful, you are now dealing with injuries because of someone else’s negligence. Call an auto accident attorney today for help in California.
Highway Hazards that May Cause An Accident
Conditions that could cause an accident are:
- Road construction projects that are poorly managed
- Spilled cargo or debris laid out on the road
- Terrible road design or bad lighting
- Guardrails that are unstable
- Roadway imperfection such as potholes
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Who May be Liable for Injuries
The design and construction of roads is done by the government (local, state, and federal). In California, the California Department of Transportation is accountable for inspecting, upholding, upgrading, and managing roads. In the event that there was an accident due to road construction, design defects, or other road defects, it could be a governmental organization’s fault.
A governmental agency can be held responsible legally for situations like these according to the California Government Code § 835. For someone to be successful in a claim, the injured party must prove:
- There were dangerous circumstances on the road
- The government had the opportunity to take care of the issue prior to the accident
- The accident could have been avoided
- The condition that was hazardous caused injuries
In the same aspect, the injured party must provide info about an employee that did not do his job correctly to ensure that an accident wouldn’t occur. In California, the DOT is not required to make sure that the roads or perfect, they only have to ensure that reasonable repairs are made. In the event that you have been in an accident of this nature, cases can often be difficult and complex, making it important that you seek the assistance of a lawyer to help investigate your claim, provide fault where due, and prove liability.
Roadway Spills
In some cases, an accident can occur due to a hazardous condition that is not due to construction or lack of maintenance. On the contrary, the accident could have been caused by a spill on the road.
A load of cargo that has accidentally fallen off of a truck can cause a major issue. If the cargo itself is dangerous content, drivers could have an even greater risk. Dangerous cargo can present additional dangers for all those involved in an accident, as well as, anyone else in the general vicinity of the spill. If the accident was indeed caused by spilled cargo, it could be the trucking company or the driver who is at fault. If the materials were not loaded or sealed correctly, then the fault may be placed on the cargo owner.
