Can Bad Road Design Be the Cause of My Car Accident?
While many car accidents are caused by driver error, some are the result of dangerous or poorly designed roads. A hidden hazard, like a sharp curve, missing signage, or inadequate lighting, can turn an otherwise safe drive into a serious crash.
When a poor road design contributes to an accident, the government agency responsible for the roadway may be legally responsible. In order to take action after a car crash that was caused by a badly designed road, it is essential to obtain quality legal representation. A San Jose, CA car accident lawyer can evaluate your case and help you understand your legal options in this unique situation.
What Counts as Poor Road Design?
Poor road design refers to the flaws in how a road was created or maintained that make it unsafe for drivers. These defects may not be obvious until a crash happens, but they can create dangerous conditions even when drivers act responsibly.
For example, a roadway may lack proper signs to warn about sudden curves or have an intersection designed in a way that creates confusion. Other roads may not drain water properly, increasing the risk of hydroplaning, or may lack guardrails in hazardous areas.
Can I Sue a Government Agency for My Car Accident?
In California, public entities like Caltrans or a city’s public works department can be held legally responsible for dangerous road conditions under Government Code § 835. To bring a successful claim, you must show that the road posed a serious safety risk and that the agency either knew or should have known about the problem, but failed to fix it or warn drivers.
Proving these cases often requires a detailed investigation, including expert analysis, accident reconstruction, and review of maintenance and inspection records. A lawyer with experience handling claims against public agencies can help gather this evidence and present a strong case on your behalf.
How Do I File a Car Accident Claim Against the Government?
When a government agency may be at fault, there are special steps you must take to protect your right to compensation. California law requires you to file an administrative claim before filing a lawsuit. This must be done within a short window, just six months from the date of the accident. The process generally includes:
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Filing a Notice of Claim: This must describe the accident, explain why you believe the agency is at fault, and list the damages you are claiming.
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Receiving a Response: The agency has 45 days to respond. If it rejects your claim or fails to respond in time, you can move forward with a lawsuit, which is typically within six months of that denial or expiration.
Because of these strict deadlines, it is important to contact an attorney as soon as possible after your accident.
Contact a Santa Clara County, CA Car Accident Lawyer
If you were injured in a crash and believe bad road design may have been a factor, contact a South Bay area car crash attorney at Law Office of John J. Garvey, III. Attorney John Garvey has more than 45 years of experience and is prepared to fight for the compensation you deserve.
Call 408-293-7777 to schedule your free consultation today. You do not have to pay legal fees unless we win your case.