Roseville Road Defect Accident Lawyer
Some people think they can only file a Roseville personal injury claim if they’re involved in a car accident that was caused by another driver or party on the road. So what about those circumstances where an issue with the road is what causes the accident? In these cases, you may still be able to hold a few different parties accountable and collect compensation for your injuries and losses. Understanding more about these accidents and how this process works is essential for victims.
Common Road Defects That Cause Accidents in Roseville
Unsafe street conditions are a regular cause of vehicle accidents throughout Roseville. Sometimes, even a careful driver can’t avoid the dangers created by damaged or poorly maintained roads. Here are frequent road problems many drivers face:
- Potholes and uneven pavement
- Cracked or deteriorating asphalt
- Poor drainage and flooding
- Inadequate or missing signage
- Unsafe road shoulders
- Construction zone hazards
- Malfunctioning traffic signals or streetlights
If you’re involved in a crash and a road defect played a role, identifying the exact condition helps strengthen your Roseville construction accident claim. Photos, location details, and even recent complaints about the road can support your case if you go forward with action.
Who Can Be Liable for a Road Defect Accident in California?
Not every accident caused by a bad road is simple. Figuring out who is legally responsible takes looking closer at what happened and who failed to do their job. Some potentially liable parties include:
Government Agencies
Cities, counties, and the state each have duties to build and keep up the roads. If periodic maintenance is skipped or complaints are ignored and never fixed, a government agency, like the city of Roseville, is sometimes responsible.
Private Contractors or Construction Companies
When construction zones cause problems with the road, the contractors hired for the project can be responsible. Barricades left by the side of the road that blow into the street or confusing detours could lead to liability for the company in charge.
Other Drivers
Sometimes, another driver can be partially responsible, even if the road played a role in the accident. For example, if another driver dangerously cut you off or merged into you and you had to swerve and hit a pothole that then played a role in your crash, the driver and the agency responsible for the road conditions could be liable.
Sorting out who’s liable isn’t always straightforward. Who is at fault for the dangerous road, and to what degree depends on who owned or managed it and what other circumstances contributed to the accident.
Be Mindful of The Statute of Limitations
If you’re thinking about a lawsuit for an accident involving a dangerous road or malfunctioning traffic signal, knowing the deadlines for filing is very important. When you’re filing against a person for their negligent actions, the deadline is usually two years. However, the timeline for legal action is different when a government agency, like the city, county, or state, is involved, compared to a claim against a private citizen or business.
The process starts with something called an administrative claim. This means you have to fill out a government claim form and deliver it to the agency you believe is at fault before filing a lawsuit. You only have six months from your accident to do this.
(a) A claim relating to a cause of action for death or for injury to a person or to personal property or growing crops shall be presented as provided in Article 2 (commencing with Section 915) not later than six months after the accrual of the cause of action. A claim relating to any other cause of action shall be presented as provided in Article 2 (commencing with Section 915) not later than one year after the accrual of the cause of action.
After your claim is filed, the agency has up to 45 days to reply. If they reject your claim or send you an official response within those 45 days, the next filing window for you is another six months to bring your court case. If the agency ignores your claim and doesn’t send a response in the first 45 days, you’re allowed up to two years from the accident to formally file a lawsuit against them.
These rules provide much less time than in most other types of California injury cases. Acting quickly is important when a government body is involved.
If you have any questions about claim deadlines or any other aspects of your case, reach out today to schedule a free consultation with one of our Roseville road defect accident lawyers.