A crash caused by a pothole, a missing guardrail, or a poorly designed curve can be every bit as devastating as one caused by a reckless driver. When investigators arrive at the scene, their attention typically turns to the people behind the wheel, not the road itself. If road conditions played a role in your crash, the driver involved may not be the only party who bears legal responsibility.
Callahan & Blaine, PC pursues compensation against both private parties and government entities on behalf of people who suffered serious injuries. With 40 years of record-breaking results, including a $50 million personal injury recovery and the largest jury verdict in Orange County history, we understand the full scope of personal injury claims California law permits, including those directed at public agencies.
When a Road Becomes a Legal Hazard
California law requires a dangerous condition on public property to pose a substantial risk of injury to someone exercising ordinary care. Routine wear and minor cracks generally do not meet this threshold. Defects most likely to create government liability involve structural or design failures that a reasonable person would recognize as genuinely threatening at normal travel speeds.
The Federal Highway Administration reports that intersections account for roughly one-quarter of all traffic fatalities and about half of all traffic injuries in the United States each year, according to FHWA intersection safety data. Intersection geometry, signal timing, and pavement markings are all design elements that government agencies control, and when those elements are inadequate, the responsible agency may face civil liability.
Common Road Defects That Create Government Liability
The conditions that may support a claim against a government entity span a wide range, from structural failures to signage and lighting problems. Our attorneys commonly examine the following in catastrophic injury cases involving road design:
- Dangerous curves or grades: Roadway geometry that fails to match the posted speed limit or provide adequate transition for drivers
- Missing or faded lane markings: Pavement striping that no longer provides sufficient guidance, particularly on divided roads or at complex merges
- Defective or absent guardrails: Barriers that fail to redirect an errant vehicle or that were never installed where the drop-off warranted them
- Inadequate intersection design: Poor sight lines, conflicting turn movements, or signal phasing that places drivers in unavoidable conflict
- Unaddressed potholes or pavement deterioration: Surface failures severe enough to cause a driver to lose control or a tire to fail at road speed
Each of these conditions can serve as the basis for a claim, but proving it requires evidence the agency knew or should have known the hazard existed and failed to act within a reasonable time.
How California Law Governs Claims Against Public Agencies
Under the California Tort Claims Act, a person injured due to a dangerous condition on public property may pursue compensation from the responsible agency, whether that is Caltrans, a county road department, or a city public works division. The process differs substantially from a standard car accident negligence claim against a private party.
The most critical distinction is the deadline. A claimant has only six months from the date of injury to file a government tort claim, far shorter than the two-year statute of limitations covering most personal injury claims under California traffic safety laws. Missing that window typically forecloses the right to pursue the agency entirely.
Government agencies also sometimes assert design immunity, but it does not apply when conditions changed after the design was approved or when the agency failed to update the design to reflect known hazards. Cases involving California premises liability law and sovereign immunity require careful legal analysis to identify where that protection ends.
Hire Callahan & Blaine, PC to Handle Your Litigation Matter
Callahan & Blaine, PC is a 40-year-old Southern California litigation firm with 29 senior trial attorneys, each bringing a minimum of eight years of litigation experience. Our record includes the largest jury verdict in Orange County history and hundreds of eight- and seven-figure verdicts and settlements across catastrophic personal injury and wrongful death matters. When a crash involves a dangerous road condition, we pursue every responsible party, including public agencies that failed in their duty to maintain safe roads.
If you were seriously injured in a crash caused or worsened by a road defect, the six-month government claim deadline may already be running. Do not wait. Contact us today to discuss your case with an attorney who has the resources and trial record to take on a government entity.
