There are many scenarios in which road accidents occur. From negligent driving to road rage, driving under the influence, speed driving, not following road regulations, and another cause of dangerous accidents is the negligent road design.
Even when the driver is responsible and careful, these road defects can lead to serious car accidents that result in injuries that are sometimes fatal. In addition to the injuries an accident can cause, other factors like the medical expenses, financial stress of not being able to work, and damages to the vehicle all need compensation. But how do you get compensation in a road defect accident? An accident lawyer will help you claim your rightful compensation by conducting a thorough investigation.
If you or a loved one’s been involved in a Sacramento Road defect accident, contact Ashley Injury Lawyers. They have experience handling such complex cases and will thoroughly investigate your circumstance to hold the responsible parties accountable.
What Kind Of Roads Are Regarded As Defected Or Hazardous?
The government attorneys mostly regard single-vehicle accidents as the driver’s fault. They don’t consider that roads can be a significant cause that can lead to an accident. Thousands of bicycles, trucks, cars, and motorbikes are involved in accidents due to negligent road design. Such cases are usually very complex. A thorough investigation regarding the road’s design and any eyewitness reports is required to hold the liable parties accountable. For this, you need an excellent accident attorney or personal injury lawyer to prove that the design of the road was such that it caused the accident.
Let’s look at the kinds of roads that are regarded as dangerous or hazardous and can cause accidents.
- Poorly maintained roads
- Damages caused to due weather (rain, sandstorms, or snow)
- Lack of reflectors or lights
- No warning signs or lights
- Ineffective guardrails
- Faulty traffic signals
- Improper road drainage systems
- Blocked intersections
- No warning signs for roads under construction
- Extremely narrow lanes
- Merging lanes that are poorly constructed
Such defective designs and damages on the roads can often lead to severe accidents. Our government’s job is to provide safe roads so that California residents don’t have to put their lives at risk every time they are on the road.
We at Ashley Injury Lawyers not only flight for you to receive your rightful claim but also help in the reconstruction and improvements in the road design all across California.
What Kind Of Accidents Can Occur Due To Road Defects?
A road defect can lead to different types of accidents that involve vehicles and bicyclists, and pedestrians on the streets. Road defects can lead to multiple car collisions on the road and injure ongoing passengers or bicyclists. Other single-vehicle accidents like rollover crashes, run-off-road accidents, or even accidents that lead to cars dropping off the edge of cliffs or a bridge are usually caused by road defects and defective road designs.
Common Injuries Sustained in Road Accidents
Road accidents can turn people’s lives upside-down. They happen so suddenly and traumatically, often causing severe injuries to the people involved. No matter the reason behind the road accident, injuries are mostly similar, and some of the most common ones are as follows:
- Brain injuries
- Chest injuries
- Injuries to the spinal cord
- Tears and cuts to the face and body
- Chronic pain
Apart from physical injuries, an accident causes emotional and mental stress, medical expenses, car damage expenses, and stress of not being able to work, all of which CAN and should be compensated by the parties responsible for the accident.
You must hire a car accident attorney who will look into your case and fight to get your expenses compensated.
Filing a Lawsuit Against Government Entities
In scenarios where road defects cause serious injuries or the death of a loved one, filing a claim against the government entities responsible can be a very complicated and time-consuming process. To sue the government for dangerous and defective road designs that led to the loss or injury of you or a loved one, you need to be aware of the deadlines and other legalities under the CTCA (California Tort Claims Act).
While California has set a time limit of two years to file a personal injury lawsuit, to submit a claim against a government entity, you must do so within 180 days or six months of the date of the death or injury caused by a road defect accident.
There are a few reasons why the time limit is drastically shorter than a personal injuries claim. The first reason is that the accident site needs to be examined for investigation as soon as possible. This is to reduce any future unforeseen accidents due to defective highways and government negligence of roads.
The other reason is to allow the government to allocate funds that it may need for trials and settlements.
However, this shorter time limit puts the government at a more significant advantage over the general public. They are generally ignorant of the strict deadline to file a lawsuit.
If you have missed the deadline, which means you haven’t filed a claim, and six months have already passed since the loss or death, you may still have a chance to revive it. For example, you can file a late claim. Suppose the government agency fails to reply within 45 days with a statement of untimeliness. In that case, the claim can move forward as the defense is withdrawn. You can also apply to submit a late claim. However, to make the process easier and hassle-free, hire an experienced auto accident attorney to guide you correctly through the procedure.
Why Should I Hire an Attorney After a Car Accident?
Because injuries sustained in a reckless driving accident might require a lengthy recovery period, you may be unable to earn a living due to not going to work. This might put a person under further stress, causing them anxiety and impeding their entire recovery. After a significant injury, financial instability is a genuine and valid issue. Hire an attorney after a car accident. You will be able to learn how you can obtain the most reimbursement that will make up for the sufferings and injuries sustained from an accident.
Insurance providers are primarily interested in protecting their resources; thus, providing accident victims with all of the benefits to which they are eligible may not be to their most significant advantage. An expert attorney like Ashley Injury Lawyers will help you get the rightful claims and assist in building a case, consult with witnesses, provide evidence, and inform you about any other legal actions.
Furthermore, in scenarios that require suing the government, an experienced auto accident attorney will be well aware of the complicated procedure, required documentation, legal requirements, and paperwork necessary to protect and fight for your rights.
How Much Do Car Accident Attorneys Charge?
While contacting an attorney is the best way to recover compensation, the future cost may deter some people. After all, accident victims frequently have high medical expenses to deal with, and they don’t want to add additional financial worry to their list.
Most attorneys take 1/3rd of the final segment offer as compensation for their efforts. However, in some cases, the court may decide that the defendant will pay some of the plaintiff’s attorney fees.
We at Ashley Injury Lawyers don’t charge anything until the entire settlement is received. This means you won’t be paying anything out of pocket.
Auto Defect Accidents
While road defects are sometimes the cause of accidents, sometimes, a defect in the vehicle can also be the reason for road accidents and injuries. Even though cars are built with superior technology to minimize injuries, there could still be auto defects that can lead to severe accidents and injuries. Many different types of auto defects can lead to accidents and severe injuries like:
- Brake failures and defects
- Inadequate airbag deployment
- Design flaws in crash safety
- Collapse of structures
- Roof designs that aren’t up to par
- Seat belt problems and failures
- Tires that have blown out
- Failure of the automatic braking system
- Poor design of the fuel system that led to fire after an accident
If you think the accident was due to an auto defect, preserving the vehicle after the accident is crucial as it is the most critical evidence in such a scenario. You will need to hire an auto defect attorney who will analyze the vehicle to prove the defect in the vehicle.
Bicycle and Motorbike Accidents Due to Road Defects
Hazardous road conditions lead to many bicyclists and motorcyclist accidents and cause severe and even fatal injuries. Dangerous road designs, road flaws, work zone dangers, ill-maintained roads, and road debris are leading factors in motorbike and bicycle accidents. Potholes are another primary reason resulting in bicycling accidents.
Did you know that over 80% of motorcyclists end up dead or seriously injured in road accidents, and almost 846 bicyclists were killed in 2019 due to traffic accidents?
To successfully file a claim against the government agencies, there are specific bicycle and motorcycle riding safety laws that you must adhere to.
- Wearing a helmet – California requires both motorcyclists and bicyclists to wear a helmet.
- Restricted use of earphones while riding – Any driver, including a bicyclist and motorcyclists, is only allowed to wear one earphone while on the road. While riding in an accident, wearing a complete pair of headphones could be considered distracted driving, resulting in a reduced claim.
- Bicyclists and motorcyclists have to follow the same rules. At the same time, on the road as drivers of other vehicles, which means following traffic signals, switching lanes, parking laws, etc.
- Headlight use during the day – All motorcycles must use their headlights even during the day. If you don’t have your headlights on when you get into an accident, your claim may be reduced.
Steps To Be Taken Immediately After a Car Accident
An accident with no prior warning or notification is usually shocking and traumatizing. It leads to drivers and passengers feeling disoriented and overwhelmed, which generally leads to confusion about what they should do once they have experienced a car accident. Before you speak with anyone, including your insurance company, make sure you contact a Sacramento car accident attorney who will safeguard your rights and guide you through the entire claims process. Here is what you should do if you have been in a car crash:
Contact the police.
Even in minor accidents, you must remain on the scene and notify the cops. The police officers will record the details of the accidents and file an official accident report.
Visit the doctor.
Even if you feel you haven’t sustained any serious injuries, it is wise that you seek medical attention and have yourself examined. The medical reports will also help you in your personal injury lawsuit or car accident case.
Contact your insurance companies
once you can do so. Accidents have to be reported ASAP under most auto insurance policies. Therefore, call your insurance providers to report the accident as soon as possible.
Hire a road defect accident lawyer
who can fight for your case and negotiate with the responsible parties to get you the compensation you are entitled to.
Why Choose Ashley Injury Lawyers?
Ashley Injury Attorneys are knowledgeable, aggressive, and caring. Our road defect accident lawyers and car accident attorneys have years of expertise. They are unafraid to negotiate with government agencies and entities. Ashley Injury Lawyers is well-known among insurance companies, and we have a good reputation in the field. First, our priority is getting you the best medical treatment possible before considering your compensation. The Ashley Injury Lawyers distinguish themselves from other legal firms by providing exceptional client service and compassion. Ashley Injury Lawyers will get you the attention you need and help you settle your case for the most money possible.
Contact Ashley Injury Lawyers today for a free consultation on your case. A professional attorney will respond and provide help quickly.