Cities like Chula Vista, California, have a legal duty to maintain public roads and keep them reasonably safe for motorists. When they do not fulfill this obligation, that municipality may be liable for damages if an accident happens. What is considered “reasonably safe” can vary depending on budgeting and staffing realities, which is why having legal counsel to advocate on your behalf is so vital.
At Mission Personal Injury Lawyers, our seasoned car accident attorneys can protect your rights if road defects in Chula Vista could have contributed to your crash. Take a closer look at how road defects can result in serious accidents in the Golden State — and what we can do to help you seek compensation for your injuries. Contact us today at (619) 722-3032 for a free consultation.
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How Mission Personal Injury Lawyers Can Help After a Road Defect Accident In Chula Vista, CA
In California, you can hold a municipality like Chula Vista legally responsible for negligence pertaining to roadways if that negligence causes you harm. However, obtaining compensation from a government entity is significantly different from doing so with a private individual.
Our Chula Vista car accident attorneys at Mission Personal Injury Lawyers know these key differences in depth and can confidently navigate the process for advancing your road defect claim.
Our personal injury lawyers have over 43 years of combined experience and have recovered tens of millions of dollars for our clients. You can rely on our experience with a wide variety of accident cases, including rear-end crashes, head-on-crashes, distracted driving accidents, DUI accidents, parking lot accidents, and more.
Specifically, our advocates can:
- Prepare and submit a claim against the Chula Vista government pursuant to the California Tort Claims Act (CTCA)
- Demand action on your claim so that you can promptly exercise additional legal rights, if necessary
- Investigate the condition of the road on which your accident happened to determine liability
- Negotiate a settlement with city officials and insurers that protects your interests
- Assert legal rights you have through applicable administrative and legal processes
Should Chula Vista deny your claim, your ability to pursue damages in court depends on whether you followed the CTCA. The CTCA’s requirements are strictly enforced, meaning your failure to precisely follow the law’s steps could result in your claim being denied. Moreover, you may lose any right to seek relief from the courts if you violate the CTCA’s process.
When you hire us to handle your case, we can help prevent you from encountering such issues. Contact us today to schedule a free consultation with a Chula Vista road defect lawyer.
Types of Road Defects That Can Lead to Crashes
A road defect is any deviation or abnormality in a street or highway that makes it different from how a road should be designed, constructed, or maintained. Some defects are benign and do not affect a road’s usability. Others may only present a minor inconvenience but still not jeopardize motorist safety.
However, you could have a legitimate claim against Chula Vista if a road has a defect that is so significant that it either causes or contributes to a car accident in which you sustain injuries. Such defects fall into a few general categories.
Road Design Defects
Municipalities must employ engineers to plan and consider the following elements of the proposed road before constructing it:
- Turns
- Intersections
- Slope
- Drainage
If the city’s engineers submit plans containing obvious safety hazards, the city could be liable if it adopts and moves forward with those plans.
Design defects are also present if the city modifies an engineer’s reasonable road plans and makes the road unsafe. For example, if a road plan calls for a certain number of lanes or traffic lights, but the city decides against adopting these features, the city could be responsible for damages if property damage, injuries, or fatalities result.
Defects in Construction
Once the city adopts road plans, crews come in and build the road. During the construction process, some variations are almost always present. While these are technically considered defects, they may not directly lead to accidents. However, major deviations, such as too shallow of a bank on a curve, could lead to liability for the city.
Maintenance Defects
Cities like Chula Vista have an obligation to keep roads within their boundaries in reasonably usable condition. If there are potholes, the city should fill them within a reasonable amount of time. Debris like downed trees and power lines must also be removed promptly. Additionally, the city must close a road that presents an immediate danger to others until it is repaired.
When the city government fails to maintain roads accordingly, defects can develop that lead to legal liability for the city.
Contact Our Chula Vista Road Defect Accident Lawyers for a Free Consultation
Filing a road defect claim against Chula Vista can be a challenge. You must be able to prove that the city’s negligence contributed to your wreck and injuries while also complying with the California Tort Claims Act. It is essential to hire trusted legal counsel to advocate for you throughout this process to ensure your rights and interests are protected.
At Mission Personal Injury Lawyers, our Chula Vista road defect attorneys have the extensive experience and resources necessary to overcome these legal hurdles and help you receive the compensation you deserve for your injuries. Start the recovery process today by contacting Mission Personal Injury Lawyers and scheduling a free, no-obligation consultation to discuss your case.
