If you suffer injuries and property damage in a car crash caused by another driver, then it is clear that driver should be held accountable. However, what happens when a construction debris-strewn roadway or giant pothole causes your accident? Although you still have legal recourse when it comes to pursuing compensation in these and similar situations, the question becomes, “Who is responsible?”
Negligent road construction sites
Just as individual motorists can be held accountable for their negligent behaviors that lead to car accidents, so can road maintenance crews and the government entities that employ them. However, the path to establishing negligence in an accident will likely be more complex to navigate.
For example, if a chunk of concrete barrier being removed falls off a truck that was overloaded or improperly secured and lands on your hood, you will likely have a strong argument for breach of duty of care. However, if that same chunk of concrete is lying in full view nowhere near the site of construction, but you were looking at a text and so didn’t notice until you hit it, then other factors (e.g., comparative negligence, lack of evidence as to where the concrete came from) come into play, making it less obvious who might be held accountable. This is why you need an attorney fully versed in local auto accident law to help you determine fault and pursue claims against those responsible.
Auto accident due to poorly maintained Los Angeles roadways
Sometimes, it is a lack of roadwork that leads to a car crash. Deep potholes, crumbling bridges, and other dangerous outcomes of ill-maintained roads frequently cause or contribute to automobile accidents. As to which state agency can be held responsible for poor maintenance, it depends on where your accident occurred. If you drive into a sinkhole on a Los Angeles city road, then the City of Los Angeles will be considered a responsible party. They are required to maintain local roadways, while the state of California is responsible for highway and freeway maintenance.
However, mitigating factors could again come into play when it comes to accountability. For example, if cement from an overpass falls on your car as you drive under it and you’re injured as a result, the city could argue there was no time or way to predict or prevent that from happening. You would need a Los Angeles auto accident attorney who understands the requirements and responsibilities of roadway maintenance to determine whether the city ignored known issues with the bridge and failed to take reasonable steps to fix it, demonstrating that your accident was the inevitable result of their negligence.
Contact a Los Angeles automobile accident lawyer now
Many complexities must be considered when determining fault and holding road crews, city, or state government entities responsible for your automobile crash. Los Angeles auto accident attorney Scott J. Corwin knows exactly how to identify those responsible and pursue compensation for your injuries and other losses. Call for help today at (310) 683-2300.