Los Angeles Defective Road Design Attorneys
Protecting your right to recover compensation after an accident caused by a road defect
While the National Highway Transportation Safety Administration (NHTSA) reports that more than 90 percent of traffic crashes are caused by driver error, not every motor vehicle accident is because the driver made a preventable mistake. Sometimes a defect in the roadway is responsible for causing the crash. It could be because the design of the road was defective or deferred maintenance has left the road in disrepair with crumbling asphalt.
With more than 30 years of experience helping those who have been injured because of negligence, the Los Angeles defective road design attorneys at McNicholas & McNicholas, LLP are committed to protecting your right to fair compensation—even from a government agency. We offer a free consultation to discuss your case with our legal team and provide guidance on how to proceed. You will never pay attorney fees until we have recovered compensation for you.
Accidents caused by defective roadways
Defective roadway design and poor maintenance can become extremely hazardous, creating unsafe, unpredictable and dangerous conditions for pedestrians, motorists and cyclists who share the road. When government agencies and municipalities fail to trim trees, fill potholes, install and maintain traffic lights, remove objects of obstruction, maintain warning signs or provide other adequate safety protocol, they may be held accountable for anyone who suffers from a catastrophic injury or even wrongful death due to this negligence.
According to reports from the U.S. Department of Transportation, about 75 percent of accidents related to weather and poor roadway conditions are caused by some type of poor road design, failure of signs, signal malfunctions or random debris. It is the responsibility of the municipality to address a pattern of accidents and manage the roadways in order to ensure the safety of all drivers and passengers.
Examples of road defects that can cause accidents and injuries
The following are some examples of road defects:
- Defective road design
- Road debris after a storm
- Inadequate or hidden warning signs
- Inadequate signage at road construction sites
- Defective traffic lights
- Dangerous intersections
- Inadequate lighting
- Confusing road signs
- Overgrown trees or vegetation blocking signs or line of sight
- Other road defects
Types of injuries caused by dangerous road conditions in Los Angeles
Poor road design and failure to maintain safe road conditions can lead to severe injuries such as:
- Catastrophic injury
- Traumatic brain injury (TBI)
- Spinal cord injury
- Burn injury
- Motorcycle accident injury
- Pedestrian and bicycle accident
- Construction worker injuries
- Wrongful death
Bringing a claim against the government after a defective roadway accident
With highly congested roads and highways in Los Angeles and throughout California, McNicholas & McNicholas, LLP recognizes how dangerous large potholes, tight curves, sudden dips, unmarked terrain and other road hazards can be. When the layout of the road itself presents danger and the roadway is not maintained adequately, municipalities may be held liable for any injuries sustained by travelers in car accidents.
Road maintenance is the responsibility of the town, city, county, state or federal government, depending on the type and location of the road.
How to file a California Tort Claims Act
You may have heard the expression, "You can't fight city hall." That expression refers to a legal principle called "sovereign immunity" whose origins can be found in British common law. Under the rule of sovereign immunity, a private citizen was forbidden to sue the king. Even in modern America, this principle still holds power with the intention of limiting the liability of governments for the injuries and property damage of private citizens that were caused by the government. Fortunately, there are some exemptions to this rule, and the California Tort Claims Act (CTCA) is an example.
The following are just a few examples of claims that might be filed under the CTCA:
- Car accidents
- Slip and fall accidents in a public building
- Medical malpractice
- Bus accidents (when the bus is owned by the city or county)
- School injuries
If your injury can be proven to have been caused by a road defect or the unsafe condition of a road, you may be able to bring a lawsuit against the agency responsible for the maintenance of that road.
If you have sustained an injury because of a defective road design and you want to bring a claim against the government to recover damages, there is a strict six-month time limit within which you must file a notice of claim.
What damages can I recover in a CTCA claim?
If your claim is successful, compensation may include:
- Medical expenses
- Wage losses
- Property damage
- Pain and suffering
The Los Angeles road defect lawyers of McNicholas & McNicholas, LLP have the resources and tenacity to go up against large municipalities, government organizations and major corporations to get fair compensations for our clients. We have experience with the complexities involved in pursuing road hazard claims.
Our attorneys fight tirelessly for clients going up against municipalities and government entities when they have been a victim of a catastrophic injury or lost someone to a wrongful death. The large verdicts and settlements we have obtained act as a catalyst for policy changes. By holding governmental agencies and large corporations and industries accountable, they must create, implement and follow updated safety and health guidelines to ensure all commuters have safe passage on our roadways. We are skilled in successfully executing a case against major industries and government entities with deep pockets.
Schedule a free consultation with an experienced Los Angeles road defect lawyer today
If you or someone you care about has been injured in an accident caused by a road defect, you may have grounds for legal action. Please call 310.474.1582 or complete our contact form to schedule a free consultation to discuss your legal options with a Los Angeles road defect lawyer at McNicholas & McNicholas, LLP today.