The condition of the road should be the least of your concerns when driving in a high-traffic area like San Diego. If you’ve experienced an injury as a result of dangerous roadway conditions, the Hulburt Law Firm can help.
Our attorneys have extensive experience handling cases involving hazardous road conditions including potholes, inadequate guardrails, uneven pavement, and more. We understand the intricacies of these cases, know the relevant laws and regulations, and how to handle the entities responsible for maintaining safe roadways. Contact us to receive the right legal representation and personalized support to ensure you receive the justice and compensation you deserve.
Throughout the process, we keep you informed, answer any questions you may have, and provide ongoing support. We limit the number of cases we take on so that we can dedicate the time and attention needed for each case.
With the Hulburt Law Firm by your side, you can focus on your recovery while knowing that your legal claims are being taken care of. If you or a loved one has been involved in a dangerous roadway accident, contact us today for a free case review.
Our attorneys have a proven track record of achieving extraordinary results.
A sudden tire failure caused an SUV to fishtail and crash, killing a beloved husband and father.
A freeway collision resulted in brain and spine injuries.
A seatback collapsed in a rear-end collision, causing the occupant life-changing injuries.
Campus security was speeding and collided with a student’s vehicle, killing her.
A head restraint broke off in a rear end collision, causing the driver to suffer a spinal cord injury.
Adults served minors alcohol at a party. A minor then drove drunk and crashed, killing a passenger.
During your free case review, we listen to your story, collect preliminary information, and provide an honest evaluation of your case’s strengths and potential challenges.
Once the scope of work is signed, our team gets to work conducting a thorough investigation to build a strong foundation for your case including accident scene examinations, assessing the roadway to identify any defects or negligence, and reviewing witness statements.
To strengthen your case, our firm collaborates with experts, including traffic engineers, accident reconstructionists, medical professionals, and economists in order to demonstrate the existence of a defect, its impact on your accident, and the extent of your injuries.
Based on our investigation and expert collaboration, we develop a tailored legal strategy involving identifying all liable parties, determining claims, and calculating damages.
Our goal is to ensure you receive full and fair compensation for all your losses. We thoroughly assess the damages you have suffered, including medical expenses, lost wages, pain and suffering, property damage, and loss of consortium (compensation for the impact of your injuries on your relationship with your spouse or family).
If a fair settlement cannot be reached, we take your case to court. Our trial attorneys have extensive courtroom experience and are skilled at telling your story, presenting evidence and expert testimony, cross-examining witnesses, and making compelling arguments to the judge and jury.
To prove a dangerous condition of public property in California, several elements must typically be established. These elements generally align with the requirements outlined in the California Tort Claims Act (CTCA) and relevant case law. Here are the key components required to prove a dangerous condition of public property:
The injured party must demonstrate that a dangerous condition existed on the public property at the time of the incident. A dangerous condition is one that poses a substantial risk of harm to those using the property with reasonable care in a foreseeable manner. This can include physical defects, hazards, or conditions that create an unreasonable risk of harm.
The plaintiff must show that the governmental entity responsible for the property had actual or constructive knowledge of the dangerous condition. Constructive knowledge means that the entity should have known about the condition through reasonable inspection, maintenance practices, or prior incidents. Evidence of prior complaints, reports, or incidents related to the dangerous condition can help establish notice.
It must be demonstrated that the governmental entity failed to take reasonable steps to either correct the dangerous condition or provide adequate warning to the public about the hazard. This failure may involve negligence in addressing known hazards or failing to implement appropriate safety measures.
The plaintiff must establish a causal connection between the dangerous condition and the injuries or damages suffered. This typically involves demonstrating that the dangerous condition was a substantial factor in causing the harm.
It may be necessary to show that the risk posed by the dangerous condition was foreseeable. This involves considering whether a reasonable person, under similar circumstances, would have anticipated the potential for harm associated with the condition.
If the governmental entity claims immunity from liability under the CTCA, the plaintiff may need to demonstrate that one of the exceptions to immunity applies.
If the plaintiff is pursuing a claim against a governmental entity under the CTCA, they must adhere to the specific procedures and deadlines outlined in the act. This includes filing a timely written claim with the appropriate government entity before pursuing legal action.
These elements collectively form the basis for proving a dangerous condition of public property in California. Successfully establishing these components typically requires thorough investigation, documentation of evidence, and legal expertise.
Forget surface-level research and mediocre inquiries. We dive deep to conduct extensive investigations and gather evidence in order to build your strongest case.
We use technology to your advantage. By using video and photography, scene recreations, and graphics, we tell your story in a visually-compelling way that other law firms cannot match.
Defense attorneys and insurance companies know us and respect us. We assess the full extent of your damages and pursue all responsible parties in order to maximize the compensation you deserve.
Catastrophic injury and wrongful death cases are rarely simple. We have taken on the largest corporations, insurance companies, and defense firms in the country and won.
We understand how important it is to have a compassionate and considerate lawyer. From providing regular case updates to ensuring clients are adequately prepared for each step of the case, we continually demonstrate our care for all of our clients.
In California, public entities are generally immune from liability for injuries resulting from dangerous conditions on public property. However, there are certain exceptions and defenses available to public entities in dangerous condition of public property lawsuits. These immunity defenses are outlined in the California Government Code and include:
Design Immunity (Government Code Section 830.6)
Public entities are immune from liability for injuries caused by dangerous conditions on public property if the design of the property was approved in advance by the responsible public entity or official and was based on discretionary decisions made with substantial evidence at the time of approval.
Natural Conditions (Government Code Section 831.2)
Public entities are immune from liability for injuries resulting from natural conditions of unimproved public property, such as undeveloped land or wilderness areas, unless the condition created a substantial risk of injury.
Recreational Use Immunity (Government Code Section 831.4)
Public entities are immune from liability for injuries resulting from dangerous conditions on public property intended or maintained for recreational use, such as parks, trails, or playgrounds, unless the injury was caused by a known dangerous condition for which no warning was provided.
Trail Immunity (Government Code Section 831.7)
Trail immunity specifically applies to public trails and provides immunity from liability for injuries resulting from dangerous conditions on the trail unless the condition was caused by a known dangerous condition for which no warning was provided, or the injury resulted from willful or malicious conduct.
The duration varies based on the complexity of the case, the severity of the injuries, and whether a settlement is reached or the case goes to trial. It can take several months to a few years.
Common dangerous conditions of public property can vary widely depending on the type and location of the property. However, some examples of dangerous conditions that may be encountered on public property include:
Uneven or Broken Pavement
Cracked, uneven, or broken sidewalks, pathways, or roadways can pose tripping hazards for pedestrians, cyclists, and motorists.
Inadequate Lighting
Insufficient lighting in public areas such as parks, parking lots, or walkways can increase the risk of accidents, especially during nighttime hours.
Poorly Maintained Infrastructure
Bridges, overpasses, and other structures that are not properly maintained or inspected may present risks of collapse or structural failure.
Lack of Guardrails or Barriers
Missing or inadequate guardrails along roadsides, staircases, or elevated walkways can lead to falls and injuries.
Overgrown Vegetation
Vegetation that obstructs visibility at intersections, crosswalks, or along roadways can impede the safe passage of pedestrians and motorists.
Inadequate Signage or Traffic Control Devices
Missing, obscured, or unclear signs, signals, and markings can contribute to confusion and accidents on public roads and pathways.
Poor Drainage or Flooding
Improper drainage systems or inadequate maintenance can result in standing water or flooding on roadways, sidewalks, and other public areas, posing hazards to pedestrians and vehicles.
Hazardous Waste or Debris
Accumulation of hazardous materials, debris, or litter in public areas can create safety hazards and environmental risks.
Negligent Snow or Ice Removal
Failure to adequately clear snow and ice from sidewalks, parking lots, and other public areas during winter weather conditions can create slip and fall hazards.
These are just a few examples, and dangerous conditions can arise in various public settings, including parks, schools, government buildings, transportation facilities, and recreational areas. Identifying and addressing these hazards promptly is essential for ensuring the safety and well-being of the community.
You may be eligible for various types of compensation, including:
Yes, California follows a "pure comparative fault" rule, which means you can still pursue a claim even if you were partially at fault for the accident. However, your compensation will be reduced by your percentage of fault. For example, if you are found to be 30% at fault, your compensation will be reduced by 30%.
Simply fill out the form or call 619.821.0500 to receive a free case review. We’ll evaluate what happened, your injuries, and potential defendants to determine how we can best help you.