Road conditions every year contribute to thousands of injuries and deaths for drivers. Also, they pose dangers for bicyclists and people on foot.
The award-winning attorneys at Ehline Law Firm Personal Injury Attorneys, APLC have won millions for people for wrecks brought about by these problems. Discussed below are some of the things a well trained Los Angeles car collision attorney does to protect the rights of victims with these tort claims complaints.
What to Do the Numbers Say About Dangerous Roads?
The road to hell is paved with good intentions. So, it seems are the very real roads that lead to fatalities. According to statistics from the National Highway Transportation Safety Administration:
- 32,719 people died on highways across the United States in 2013.
- Both 2012 and 2013's numbers were higher than they were in 2011.
- Over 10,000 people lost their lives as a result of alcohol-related crashed in 2013 alone.
- 4,735 pedestrians and 743 bicyclists were killed, with over 100,000 total injured.
These numbers are sobering and highlight the need for action to prevent such accidents.
Dangerous roads have conditions like poor designs, construction, or lack of repairs. The public has the right to expect safe and properly maintained roads.
Types of Road Defects
- Poor road designs, including curves and turns.
- Surface defects including potholes grooved pavement and loose gravel.
- Bridges with poor designs.
- Poor placement of median dividers and guardrails.
- Improper management of construction zones.
- Inadequate lighting at construction or resurfacing projects.
- Inadequate road signs or traffic signal.
- Dangerous Road Injury.
Roads that become unsafe not only hurt drivers. These hazardous areas of ingress and egress can cause pedestrians and bicyclists harm. In some cases, a driver is unable to see a motorcyclist, bicyclist or pedestrian due to the condition of the road or improper lighting.
Motorcyclists and bicyclists can get hurt or pass away. When there is excess gravel, or grooved pavement problems are compounded. Drivers lose control of the vehicle because of the unusual coefficient of friction on the pavement.
How Do You Make Dangerous Road Injury Claims?
Dangerous road crash claims can have complications. Also, the harm suffered is often serious or even fatal when the road is unsafe. The injured person or family that lost a loved one wrongfully has the right to seek compensation.
This is unlike other traffic accident claims. Because the claim is against a city or government entity in many cases, it means compliance with the Tort Claims Act. (See below) Rather than an at-fault driver. So how you make a claim is usually with the help of your lawyer.
Where the Tort Claims Act Comes in
In California like many other states, we have a Tort Claims Act. This Act limits the time a legal claim is filed against a government entity. So when a person becomes harmed or dies because of improperly maintained roads or poor designs the Act must be followed. Hence, the person or family has six months to bring a PI claim.
The claims process for this kind of case has different procedures. They differ from a claim against another driver. Therefore, in rare situations, there is an exception. That allows the person seeking compensation to file the claim after the six-month time limit.
How Do I Get Legal Help?
Poor design or lack of maintenance of a road that contributes to accidents it complicates legal claim. Finally, if the liable party is a state or government entity with a short time frame to file.
Many cases require investigations and experts in the industry. These reasons mean having a reputable car accident lawyer is beneficial to get compensation.
The government and state have significant resources to fight to pay out a fair settlement. The experienced accident attorney will have the skills to file a claim within the time limit.
They will negotiate with the insurer. The personal injury lawyer has an understanding of the law. This includes serious injuries and wrongful death claims.
Furthermore, loose gravel can cause the loss of control of the vehicle. This can result in a single auto crash or multiple vehicles. Then two claims against negligent parties could happen. One against the driver. The other because of poor road conditions. Also, this means an investigation. Since it needs to happen to determine the negligent parties.
Therefore, Tort Act claims have 6 months to file the claim. The time begins from the time of the crash against the government. In Southern California and Los Angeles, the claim could be due to a Caltrans crash. These claims are complex.
They require a personal injury attorney that handles this kind of claims. If you or a loved one suffered harm because of dangerous road conditions contact the law firm for a free consultation at (213) 596-9642.