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Sometimes a car accident appears to have been caused by a driver’s negligence but, after we investigate, we learn that in fact it was caused by poor road maintenance. For example, Caltrans may have allowed overhanging tree branches to obscure important warning signs from the driver’s view. Other times, the accident may have been caused by poor road design. For example, government engineers may not have designed the roadway to the required standards, so that pedestrians do not have a clear view of approaching traffic. Or the traffic control signals installed long ago may no longer be appropriate because traffic has increased.
When we are retained in a case involving an auto, bicycle, or pedestrian accident, we go to work to determine whether the roadway’s design or maintenance contributed to the cause of the accident. We work along side licensed traffic engineers and other traffic safety professionals to determine whether the roadway meets all applicable roadway design and maintenance standards and, if not, whether the shortcomings played a role in the accident. If you’ve been injured in a car accident where roadway design or maintenance may have been a factor, contact us for a free case evaluation.
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In most roadway design cases the defendant is a government entity. That adds complexity, as special rules apply. For example, a claim against Caltrans or other governmental entity has a shorter statute of limitations than typical injury claims in California. Instead of the usual two years to begin your claim, you must file papers with the appropriate agency within six months from the date of the accident. Your attorney can make sure you bring your claim against the right entity that is responsible for the roadway. Then, your attorney can help you negotiate a fair settlement with the defendant.
Government planners and engineers are supposed to analyze the environment, conditions, and needs of the community to create a road, intersection, bicycle path, or crosswalk while keeping in mind the user’s best interests. The road planners must take industry protocols and safety standards into consideration to create a roadway that is reasonably safe for drivers, bicyclists and pedestrians. Anything that makes the road unreasonably dangerous for any foreseeable user can be considered a roadway design defect. Examples include:
If a roadway design defect contributed to your serious bicycle, pedestrian, or car accident, we can help hold the city, county, or state accountable for your damages. The responsible governmental entity could owe you compensation for your medical expenses, lost income, property damages, and pain and suffering, provided your lawyer proves your case to the satisfaction of a Northern California judge or jury.
Our law firm has for years represented clients with claims for personal injury resulting from:
We can help no matter what type of injuries result from the defective roadway. We handle accident and injury claims throughout Northern California.
Speak to a skilled San Mateo car accident attorney about your roadway design defect case. Our lawyers can review the facts of your case and let you know if we believe you have grounds for a claim. Call (650) 453-3600 or send us a message to schedule your case evaluation.
