Orange County Dangerous Roads & Accident Attorneys

Government agencies can be responsible for poor design and unsafe repairs

While motorists are responsible for remaining alert and maneuvering their vehicle out of harms way, construction agencies have a responsibility not to create excessive danger, and to warn drivers and control traffic flow to prevent injuries.

All too often, motorists are catastrophically injured due to the municipality and/or state's failure to provide safe roadways. With the continual expansion and upgrading of Orange County freeways, construction poses significant risks to commuters who travel these highways. Construction sites can also causes automobile accidents when they distract drivers and cause them to take their attention away from the road.

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.

As citizens 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.

Protecting your safety and your rights

If you encounter any hazardous road conditions in Orange County 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 prove they are liable. You must protect your rights by documenting the exact conditions that contributed to your damages.

You can also visit www.usroads.com to learn about current road conditions and latest updates on safety hazards.

Improper Rail Installation Leads to $5.9 Million 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. The Orange County Lawyers at 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.

If you have been seriously injured in an accident as a result of a dangerous road, you need the advice of an experienced Orange County Hazardous Roadway Lawyer. Call Bisnar | Chase today for your FREE CONSULTATION or click here to fill out our convenient and confidential on-line case evaluation form.

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Bisnar | Chase 2006-2008 - Super Lawyers is a listing of outstanding lawyers from more than 60 practice areas who have attained a high degree of peer recognition and professional achievement. Bisnar | Chase has received this award for three consecutive years.