Dangerous Road Conditions: Auto Accidents Caused by Potholes
By Michael Verna on July 05, 2017
At the law firm of Bowles & Verna, LLP, our personal injury attorneys skillfully handle the full range of cases arising from auto accidents, including those involving potholes. Unfortunately, auto accidents caused by potholes are a particular concern in the Bay Area, home to some of the nation’s most dangerous and poorly maintained roadways. In fact, in a November 2016 report of the 25 urban regions with the highest share of major roads and highways with pavements that are in poor condition issued by TRIP, a national transportation research group, the San Francisco-Oakland area ranked first while San Jose ranked third.
Auto accident cases involving poorly maintained roads can be extremely complex, as they often bring into play government agencies and the concept of immunity from lawsuits. When it comes to litigating claims involving auto accidents and potholes, our San Francisco, San Jose, and Oakland, CA area lawyers have the skills, knowledge, and resources to handle these complex cases. We are able to work within the narrow set of rules that would allow California state agencies to be sued for negligence in auto accident cases and present the strongest cases possible on behalf of our clients.
Please know, however, that time is not on your side. You have a much shorter time limit when filing a lawsuit against a government agency than you would with a normal personal injury claim. If you have been injured in an auto accident caused by a pothole, contact the law firm of Bowles & Verna for your case evaluation today.
The Statute of Limitations Governing Lawsuits against Government Agencies
It is possible to file a lawsuit against the government agency responsible for maintaining the dangerous road that caused your accident, but you must take action very quickly. Under the California Tort Claims Act, in order to sue a government entity, you must file your lawsuit within 180 days of your injury or the death of your family member. If you were injured in any other type of auto accident, you would typically have two years to file a claim. Most people are not aware of this strict time limit, which is why most people never take legal action against government agencies.
Even those injured victims who do file a lawsuit within 180 days must overcome the obstacle of government immunity. In general, government agencies are immune from being sued. However, in cases of negligence in maintaining a roadway, the door to filing a lawsuit may be opened, if only a crack. At this point, it takes a lawyer with the skill and knowledge to navigate the complex and often convoluted procedural and notice requirements of the California Tort Claims Act just to keep a lawsuit from falling between the cracks. Our lawyers have that skill and knowledge.
Arrange for an Evaluation of Your Auto Accident Case Today
To arrange for an evaluation of your auto accident case, please contact the law firm of Bowles & Verna today.