Handling Claims with Your Personal Injury Lawyer: Involving Road Hazards and Defects

When injured in a crash in Santa Ana due to roadside defects and hazards, consult a lawyer for legal representation. This is vital to protect your rights and ensure you are compensated fairly for the losses incurred. Fortunately, you can hire personal injury lawyers in Santa Ana to seek justice and compensation for damages on your behalf.

These professionals have the legal knowledge and crucial experience to navigate the complexities associated with accidents caused by road hazards and defects. Read on for more. 

Types of Road Hazards and Defects

According to the alarming statistics published by the California Office of Traffic Safety, roadside fatalities surged by 7.6 percent. Though the most common causes of traffic accidents in California are distracted driving and speeding, many accidents also occur because of road hazards. These may include hazards caused by:

Potholes

They are holes on the roads caused by wear and tear, weather, or inadequate maintenance. These defects can lead to significant vehicle damage, such as tire blowouts, wheel misalignment, and suspension issues. Moreover, hitting a pothole can cause drivers to lose control, leading to accidents and potential personal injuries.

Uneven Pavement

These irregularities can disrupt a vehicle’s balance, increasing the risk of losing control, especially at higher speeds. Motorcycles and bicycles are particularly vulnerable to accidents caused by uneven pavement, as their smaller tires are less able to handle abrupt changes in the road surface.

Inadequate Signage

Inadequate signage involves missing, obscured, or improperly placed road signs. Without proper signage, drivers may make incorrect decisions, leading to accidents, wrong turns, or violations of traffic laws.

Poor Lighting

Poor lighting refers to insufficient or ineffective street lighting, which makes it difficult for drivers to see the road, obstacles, pedestrians, and other vehicles at night. Limited visibility increases the risk of nighttime accidents.

Faulty Traffic Signals

Faulty traffic signals include malfunctioning traffic lights, such as lights that do not change correctly, are stuck on one color, or are entirely non-functional. These malfunctions can confuse intersections, leading to collisions. 

Legal Framework in Santa Ana

Like other cities in California, Santa Ana is subject to specific laws governing road maintenance and liability for accidents caused by road defects. The primary legal considerations include:

Governmental Liability

Under California Government Code § 835, a public entity shall be held accountable for the injuries resulted from the dangerous condition of public property if the entity had notice of the condition and failed to remedy it in a reasonable time.

Claims Process

Under the California Tort Claims Act, victims must file a claim with the governmental entity responsible for the road within six months of the incident.

Proving Negligence

To succeed in a legal claim, prove that the road defect existed, that the responsible entity knew or should have known about it, and that the defect directly caused the accident and resultant injuries.

How a Personal Injury Lawyer Can Help Handle Claims Related to Road Hazards and Defects?

Personal injury lawyers in Santa Ana can significantly aid in handling claims related to road hazards and defects by providing experience in navigating the legal complexities involved. They can help by:

Investigating the Incident: Lawyers can gather critical evidence, such as photographs, witness statements, and maintenance records, to build a strong case.

Proving Negligence: They can establish that the responsible entity knew or should have known about the hazard and failed to address it, meeting the legal requirements for negligence.

Filing Claims: Lawyers ensure that claims are filed correctly and within the legal deadlines, particularly under the California Tort Claims Act, which has specific requirements.

Negotiating Settlements: They can negotiate with insurance companies and government entities to secure fair compensation for damages, medical expenses, and other losses.

Court Representation: If necessary, lawyers can represent clients in court, leveraging their legal knowledge to advocate effectively on the client’s behalf.

So, what are you waiting for? Contact Krolikowski Law for more information and legal assistance. Our personal injury lawyers in Santa Ana will fight for justice, ensuring you are compensated for your injuries and losses.