Determining who is at fault depends on who was responsible for the hazard’s existence or its removal. In California, this could be a government agency, a private construction company, or even another driver.
Deadlines in these cases fluctuate wildly. Your typical fender-bender gives you two years to file suit. Hit a government-created road hazard? You might have just 180 days to file a formal claim. Private companies can be easier, but only if you can prove they actually created the dangerous condition. The point is, every second counts after a road hazard accident.
When someone is responsible, we know how to find them and make them pay. If a dangerous road condition has injured you in Bakersfield, call the Law Offices of Mickey Fine—your trusted Bakersfield car accident lawyer—immediately at (661) 333-3333 for free consultation. We’ll investigate who’s responsible and protect your rights before time runs out.
What Legally Qualifies as a “Dangerous Condition” on a California Road?
Defining a Road Hazard
California law has a specific definition for these situations. A “dangerous condition” is defined under California Government Code § 835 as a condition on public property that creates a substantial risk of injury when the property is used with reasonable care in a reasonably foreseeable way. In simple terms, this means the property was defective or damaged in a way that could predictably cause harm to people using it as intended.
Common Examples of Road Hazards
A dangerous condition is not just about obvious issues; it covers a wide range of problems that can lead to a serious accident.
- Poor Maintenance: This is one of the most frequent causes and includes deep potholes, significant pavement cracks, shoulder drop-offs, or sinkholes that are left unrepaired.
- Flawed Design: Some roads are inherently unsafe due to their design. This can include sharp curves without proper warning signs, intersections with obstructed views, or turns that are not banked correctly for the speed limit.
- Obstructions & Debris: Hazards are not always part of the road itself. They might be something on the road, such as fallen trees, unsecured cargo from another vehicle, or materials left behind by a construction crew.
- Failed Traffic Controls: Malfunctioning traffic signals, stop signs hidden by overgrown trees, faded lane markings, or missing guardrails are all conditions that can lead to preventable accidents.
The “Reasonably Foreseeable” Standard
A key part of the legal definition is the idea of “reasonably foreseeable” risk. It’s a complicated phrase that simply means the public entity should have realized that the hazard could cause the type of injury that occurred. For instance, it is reasonably foreseeable that a major pothole on a busy street could cause a driver to blow a tire, lose control of their vehicle, and crash into another car or a median.
Who Are the Potential Liable Parties in a Road Hazard Accident?
Multiple entities can be at fault, and in some situations, the liability is shared between two or more parties.
Government Entities
Who they are: Public agencies are responsible for the design, construction, and maintenance of public roads. This includes state-level organizations like the California Department of Transportation (Caltrans), which oversees state highways and interstates, and local bodies like the City of Bakersfield or Kern County, which manage local streets.
Their Duty: These entities have a legal duty to keep public roads in a reasonably safe condition for the public. Liability is created when they fail to meet this obligation, either by creating a dangerous condition or by failing to repair one they knew about.
Private Construction Companies
Their Role: When private companies are contracted to build, repair, or modify roads, they take on the responsibility of keeping the area safe. This applies to the work zone itself and the approaches to it.
How They Can Be Liable: A construction company may be held liable for an accident if its negligence created a hazard. Examples include leaving equipment or debris in travel lanes, creating uneven pavement surfaces without adequate warning, or failing to use proper signage, lighting, and barricades to guide traffic safely through the construction zone.
Other Drivers
How They Contribute: Sometimes, the hazard exists because of another driver’s carelessness. Their negligence might be the sole cause of the accident or a significant contributing factor.
Examples: A common scenario involves unsecured cargo. If a truck’s load is not properly tied down and an item falls onto the roadway, that driver and their employer could be liable for any accidents that result. Another example is a driver who reacts recklessly to a hazard, swerving into another lane and causing a multi-car collision.
Private Property Owners
When They Are Responsible: Liability may extend to a private property owner if a hazard on a public road originates from their adjacent land.
Examples: This could happen if a farmer’s irrigation system causes significant water runoff, creating a slick and dangerous patch on the road. It might also occur if a business with a gravel driveway allows loose rocks to spill regularly onto the street, creating a hazard for motorcyclists and other drivers. In these cases, the property owner’s failure to maintain their property safely could make them a party to a lawsuit.
Suing the Government: Navigating the California Tort Claims Act
The Challenge: What is Sovereign Immunity?
Historically, a legal principle called “sovereign immunity” protected government bodies from being sued. This concept has been modified over time, but it still creates special rules for claims against public entities. The California Tort Claims Act is the set of laws that carves out specific exceptions to this immunity. It is the official rulebook for holding a state, county, or city government accountable for negligence.
Successfully pursuing a claim under this Act requires strict adherence to its procedures. Any misstep may result in a complete bar to recovery, which is why working with a lawyer familiar with these cases from the very beginning is so beneficial.
The Most Important Step: The 6-Month Filing Deadline
The Rule: Before you can file a lawsuit against a public entity, you must first present a formal administrative claim to the correct government body. For personal injury claims, this must be done within six months of the date of the injury.
Why it Matters: The process is unforgiving. For instance, a claim against the City of Bakersfield must be filed with the City Clerk, while a claim against the state would go to a different agency. Filing with the wrong entity can also jeopardize your case.
Once the claim is filed, the government entity has 45 days to respond. If they reject the claim in writing, you then have six months from the date of that rejection to file a formal lawsuit in court. If they do not respond within 45 days, the claim is considered rejected, and you typically have two years from the accident date to file your lawsuit.
Proving the Government Knew: The Concept of “Notice”
To succeed in your claim, it’s not enough to show that a dangerous condition existed. You must also prove that the public entity had “notice” of the hazard and failed to take reasonable action to fix it or warn people about it. Notice can be established in two ways:
- Actual Notice: This means the entity was directly aware of the hazard. An example would be city maintenance records showing that other residents had already filed complaints about the same large pothole that caused your accident. Proving actual notice involves showing that the entity had direct knowledge of the dangerous condition.
- Constructive Notice: This means the entity should have known about the hazard through a reasonable system of inspection and maintenance. An analogy helps clarify this: a grocery store owner is expected to know about a spilled liquid in an aisle because they are supposed to have staff regularly checking for such dangers. Similarly, a government entity is expected to inspect its roads. If a hazard, like a stop sign completely obscured by a tree, existed for a long enough time that it would have been discovered during a reasonable inspection, constructive notice may be established.
What if I Was Partially at Fault? Understanding California’s Comparative Fault Rule
You Can Still Recover Compensation
Many people involved in an accident worry that they cannot file a claim if they contributed to the crash in some way, such as by driving slightly over the speed limit or being momentarily distracted. However, that is not how the law works in California.
California follows a “pure comparative negligence” rule. In simple terms, this legal doctrine means you can recover damages even if you were partially at fault for the accident. The system is designed to assign financial responsibility according to each party’s share of the blame.
How it Works in Practice
In a personal injury case, a court will determine the percentage of fault for each party involved. Your final compensation award is then reduced by your assigned percentage of fault.
For example: Imagine you were injured in an accident caused by a major pavement drop-off on a city street. The court determines your total damages are $100,000, but also finds that you were 20% at fault because you were texting right before you hit the hazard. Under pure comparative negligence, you could still recover $80,000 ($100,000 minus 20%).
This rule ensures that you are not unfairly barred from receiving compensation just because you may have made a small mistake.
Evidence to Gather for Your Road Hazard Accident Claim
A strong case is built on strong evidence. Proving exactly what happened and who is responsible requires careful documentation. While our firm will handle the legal work of obtaining official records and expert opinions, there is valuable evidence that you can help collect, particularly in the moments and days following the accident.
- Photographs and Videos: If it is safe to do so, take extensive photos and videos from multiple angles. Capture images of the road hazard itself, the damage to your car, any visible injuries, and the surrounding area, including any warning signs or lack thereof.
- Official Police Report: Always call the police to the scene of an accident that causes injury. The officer’s report will create an official record of the incident, including their initial observations about the conditions and parties involved.
- Witness Information: If anyone else saw the accident or stopped to help, get their name and contact information. A witness who can confirm how the accident happened or who knows how long the hazard has existed can be very helpful.
- Maintenance Records: Our legal team can file public records requests to obtain maintenance schedules, complaint logs, and repair orders for the specific section of road where your accident happened. This can be powerful evidence to help establish that the government had notice of the problem.
- Medical Records: Seek a medical evaluation as soon as possible after an accident, even if you feel fine. Some serious injuries, like whiplash, may not show symptoms for hours or days. Your medical records are the primary evidence linking your injuries directly to the accident.
What Compensation Can Be Recovered in a Road Hazard Claim?
If your claim is successful, you can pursue compensation, legally known as damages, for the full range of your financial, physical, and personal losses. These damages are typically divided into two categories.
Economic Damages
These are the direct and verifiable financial costs associated with your accident and injuries. They include:
- Medical Bills (both for treatment already received and anticipated future care)
- Lost Wages from time missed at work
- Lost Earning Capacity if your injuries impact your ability to earn a living long-term
- Vehicle Repair or Replacement Costs
Non-Economic Damages
These damages compensate for the intangible, personal harms that do not have a specific price tag but are just as real. They may include compensation for:
- Pain and Suffering
- Emotional Distress
When an accident leads to emotional trauma, like Post-Traumatic Stress Disorder (PTSD), it is important to know that in California, you can typically only recover damages for such emotional distress if a physical injury also occurred.
FAQ for Accidents Caused by Road Hazards
What if wildlife in the road caused my accident?
Generally, no one is held liable when a wild animal causes an accident, as it is considered an “act of nature.” However, if you swerved to avoid an animal and another driver hit you, that driver could be at fault if they were driving negligently. In most cases, you would turn to your own comprehensive auto insurance policy to cover vehicle damage.
How long do I have to file a lawsuit for a regular car accident (not involving the government)?
For a standard car accident claim against another driver or private entity in California, you have two years from the date of the injury to file a lawsuit for personal injuries and three years for property damage. As noted earlier, the time limit for claims against a government entity is much shorter—just six months to file the initial claim.
What if the road hazard was from a temporary construction zone?
If your accident was caused by a hazard in a construction zone, the private construction company in charge of the site could be held liable. They have a duty to ensure the work zone is safe, which includes providing clear warning signs, using proper barricades, and removing debris. Their failure to do so can be considered negligence.
Can the government claim the road design is immune from lawsuits?
Yes, under a concept called “design immunity” (California Government Code § 830.6), a public entity may be protected from liability if the injury was caused by an approved engineering design. However, this immunity is not absolute. For example, if the government knew the design created a hidden danger or “concealed trap,” it may still be liable for failing to warn motorists of that danger.
Does my own car insurance cover damage from a pothole?
Yes, if you have collision coverage as part of your auto insurance policy. Collision coverage is designed to pay for repairs to your vehicle resulting from a crash with an object, which includes a pothole. If you only have liability coverage, your insurance will not cover the damage to your own vehicle.
Don’t Let a Road Hazard Derail Your Recovery
A car accident caused by a dangerous road condition adds layers of complexity to an already difficult situation. You do not have to figure out the strict government claim rules or confront insurance companies alone. The Law Offices of Mickey Fine, an experienced personal injury lawyer in Bakersfield, is prepared to manage every step of your claim so you can focus on healing.
Let us handle the pressure for you. Call (661) 333-3333 today for a free, confidential discussion about your case.