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Southern California Personal Injury Attorney- Hazardous Road Conditions
Motorists must always anticipate possible road hazards and be prepared to maneuver out of danger, especially during the spring and summer months when road construction is everywhere. But all too often, motorists are catastrophically injured due to the municipality and/or state's failure to provide safe roadways. With the expansion and upgrading of Interstate 5, Southern California freeway construction poses significant risks to commuters who travel this highway. Construction also causes automobile accidents because it distracts drivers and causes them to take their attention away from the road.
As citizens and motorists, we are entitled to drive on public roads that have been properly built and maintained by our public servants. Improperly maintained roads and improperly designed roadways and highways cause thousands of accidents each year nationwide.
Public officials are required to post adequate signage on all roads that warn you of such hazards as "upcoming construction", "uneven pavement", "rough shoulders", "detours", "loose gravel", etc. They are also required to design our roads to encompass all variables such as speed limit, curves, traffic volume, geographic location, and so on.
If you encounter any hazardous road conditions that may be injurious to you others, you must inform your jurisdiction (in writing and verified!) that there is a hazardous road condition that must be corrected. Once they have been informed, they are responsible to correct the problem immediately. If they don't, and their negligence results in an accident, they may be liable for all your damages.
Always carry a camera. You will need to document, document, document! If you have sustained damage due to their negligence, you will need to prove "causation" meaning that you must determine that the public utility's failure to provide safe roads was the primary reason for the accident. Take pictures of the hazardous condition immediately. Many jurisdictions "magically" correct the problem before you can find them liable for their negligence and you must protect yourself. These types of cases can be very complex so it is important that you are hire an experienced Southern California Personal Injury Attorney.
You can also check out www.usroads.com to get current road conditions and latest updates on safety hazards.
Improper Rail Installation Leads to $5.9 Million Dollar Jury Award
An Alameda County jury awarded $5.9 million to a 47 year-old unemployed woman whose leg was amputated after her vehicle went off the roadway and crashed into a guardrail over Castro Valley Boulevard.
Facts: On June 26th, 1998 the plaintiff was driving a Datsun 280Z on the on-ramp to Interstate 580 from Foothill Boulevard. As she was driving, a cup of hot chocolate spilled, causing her to drive off the on left side of the on-ramp. As she tried to re enter the roadway, she was looking over her right shoulder when she struck a guardrail on the bridge that crosses over the boulevard.
She claimed that the guardrail speared through her vehicle, smashing her left foot and cutting off her right leg. Plaintiff's counsel argued that had the guardrail been properly installed, she would have been involved only in a minor non injury collision. Plaintiff's counsel determined that the guardrail she struck had been improperly installed in or about 1989. In 1980, the Federal Government had complained to the director of the California State Department of Transportation (Cal Trans) about the same deficiencies as those in this guardrail, the plaintiff reported. Cal Trans countered the plaintiff's claims by maintaining that the guardrail was properly installed. It also claimed that the plaintiff would have suffered the same injuries regardless of the guardrail installation because of the way she allegedly struck the rail.
Injuries: The plaintiff's right leg was cut off at the knee. At the hospital, her stump was amputated at the mid-thigh due to the severe damage to the bones and muscles.
Verdict: The jury found that Cal Trans was 100% at fault for the plaintiff's injuries. The defendants filed and lost a motion for a new trial.
Over the past 30 years guardrails have killed & incapacitated more than 90,000 people. Southern California Personal Injury Attorneys - BISNAR | CHASE - have successfully handled, and are currently handling, many of these types of cases. We are experienced in the intricacies of defective guardrail cases and can assist you in maximizing your recovery if you have been injured.
Latest Articles
Car accidents are a part of the risk that we all take when we get behind the wheel. And what a risk there is! Over six million auto accidents occur each year in America. Many are small enough not to worry about, but others require repairs, which can add up quickly, and still others may result in injuries that require medical attention. More... |
There is no doubt that in America we love our dogs. We even call them “man’s best friend.” In fact, according to statistics, there are roughly 75 million of them in this country. We buy them everything from gourmet doggy biscuits to frilly collars and clothing, and everything in between. More... |
Think about it: if you are like the average person, you eat three meals per day. Over the course of a year, you are consuming roughly 1,095 meals. The odds are good that, once in a while, you may get one that gives you some indigestion or doesn’t sit well with your stomach. But sometimes, if the discomfort is even worse, you may have a case of food poisoning. More... |
With millions of vehicles on the road each day around the state of California, and with auto insurance coverage being mandatory state policy, you would think that you were safe, driving next to people. More... |
Did you realize that roughly four million people are hurt on the job in the United States each year? It’s true, according to the Bureau of Labor Statistics (BLS). In fact, they report that, of those four million work-related injuries, around 1.2 million of them require the person to take time off from work. More... |
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Check out the Personal Injury Lawyer News in order to stay current with recent car accident news. Also, feel free to visit the Personal Injury Attorney News Portal for the latest information in this area. If you want more up-to-date accident news, you will want to visit the Personal Injury Lawyer blog frequently. Have more questions about auto accident news? Chech out the Personal Injury Legal blog. For the latest personal injury news, read Personal Injury Attorney Blog. If you haven't read the new Personal Injury Attorney Lawyer Blog you are in for some great stuff. Please feel free to read posts on the California auto accident attorney blog for news on personal injury incidents. Read the latest auto accident news in Spanish on the Noticias y Consejos de Accidentes blog.
Read more about BISNAR | CHASE's Southern California accident attorneys.
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