When roadway defects contribute to the cause of an auto accident, the government entity responsible for the roadway becomes a responsible party, changing the dynamics of your case.

Defective roadway lawsuits are more complicated than other auto accident lawsuits. Most roadways are the responsibility of government entities - federal, state, county, or city agencies or departments. Lawsuits involving government entities are subject to different procedures, including notification requirements and have different time limits than typical auto accident lawsuits. Multiple parties may be at fault.

Roadway defects which often result in accidents include:

    •    Improper design
    •    Potholes
    •    Debris which has not been removed in a timely fashion
    •    Shoulder drop-offs
    •    Inadequate or insufficient notification of changes in the shoulder
    •    Excessive oil and/or gravel
    •    Failure to post warning signs or signals
    •    Inadequate or malfunctioning warning signs or signals
    •    Inadequate or insufficient notification of impending conditions:
    •    Inadequately with highway division status, line striping and edge lines
    •    Defective street lights
    •    Dangerous intersections which have not been modified despite past indications of hazard

Detecting Roadway Defects

The importance of proving that a roadway defect caused your accident cannot be understated.  It may the key to absolving yourself, and any other drivers involved, of both civil and criminal responsibility for an accident.  When drivers are held responsible for accidents caused by defective roadways, innocent victims can incur devastating financial harm and sometimes imprisonment.

Obvious Hazards

Defective roadways which have unexpected obstacles or other hazardous conditions, such as too much oil or gravel, may be immediately obvious to the driver, but not in time to prevent an accident.

Conflicting Statements

Accidents which initially appear to be caused by driver error are sometimes caused by a roadway defect.  Often no one involved in the accident is aware of the defect itself, but statements made by drivers, passengers, and witnesses can reveal the possibility.  For example, a malfunctioning traffic light will typically lead to conflicting statements in which drivers and passengers all claim that the vehicle which they were in had a green light and that the "other driver" ran a red light.

Known Defects

Defective roadways often have a history of accidents.  This may be a history of accidents caused by the specific defect which caused your accident, or a pattern of similar defects in the city, county, or state in which your accident occurred.  Correcting roadway defects can be expensive, and a history of accidents can mean that the responsible party is subject to multiple lawsuits, so this type of evidence may be well-hidden.  An experienced accident attorney has the resources and know-how to bring this evidence to light.

If you or a loved one has been seriously injured as a result of a defective roadway and would like your case evaluated, contact the California class action lawsuit attorneys at Robinson, Calcagnie & Robinson today. We provide free consultations and are available to meet with you even if you are unable to travel.