Road Defects

San Jose Road Defect Attorney

Injured by Dangerous Road Conditions in California?

Road defects can present hazards to car and truck drivers, bicyclists and pedestrians. If you or a loved one has been injured, and you suspect a road defect was even partly responsible for the accident, you may be able to present a claim against the government agency that is responsible for the maintenance of the road. Our San Jose personal injury lawyers handle a wide range of motor vehicle accident claims, including those involving road defects.

Regardless of the type or severity of your injury, we can help you pursue the compensation you need and deserve. Contact us to speak with a San Jose car accident attorney at the firm.

Understanding the Dangers of Road Defects

Cities, counties and state governments are all responsible for the upkeep and maintenance of their roads. They must exercise due diligence in preventing and removing road hazards. If they fail to uphold this duty of care, they could be held accountable for any harm that a driver suffers as a result.

Common examples of road defects include:

  • Potholes, cracks and cave-ins
  • Missing or inadequate guardrails
  • Poorly marked intersections
  • Inadequate signage
  • Debris blocking the road
  • Defective drainage design
  • Broken traffic control devices
  • Failure to install median barriers

If you are pursuing a road defect claim, there are strict time limits in place. Our traffic accident attorneys in the San Jose can help you understand your rights and make sure you meet all the necessary deadlines. We are committed to helping you pursue full and fair compensation for the losses you have suffered.

Proving that a Public Entity is Liable

Cases that involve defective roadway design or dangerous road conditions can be some of the most complex—which is largely due to the fact that they are being filed against a government entity. In some cases, the government may even be protected by sovereign immunity. For this reason, it is highly recommended that you retain the assistance of an experienced car accident lawyer from Mitchell & Danoff Law Firm immediately. We know what it takes to win a difficult case, and we are not afraid to take your case to trial if necessary.

In order to establish liability, you will need to prove that:

  • The government had control over that particular roadway
  • The road itself presented unreasonable risk of harm to drivers
  • The government had actual or constructive knowledge of the danger
  • The government failed to repair the hazard in a timely manner
  • The defective roadway was the proximate cause of your injuries

Timely Action is Crucial in Your Case

If you are interested in filing a personal injury claim against a government entity in California, it is important to remember that the clock is ticking. The statute of limitations can be significantly shorter in cases that are being filed against a government entity, so you should not hesitate to discuss your case with the team at Mitchell & Danoff Law Firm as soon as possible. When you hire our firm, our San Jose injury lawyers will move quickly to document the scene of the accident, interview any witnesses, review police reports and even work with accident reconstructionist to ensure that your case is filed before the statute of limitations expires.

Contact a San Jose Personal Injury Attorney for a Free Consultation!

If you or a loved one has suffered a serious injury due to a road defect, we are here to help. Contact us online or by telephone to speak with one of the experienced attorneys at our firm. We represent accident victims throughout Northern and Central California with multiple office locations to better serve you.

We have been helping accident victims since 1984, and we are ready to put our experience to work for you. Call (831) 219-2110!


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Frequently Asked Questions

  • Should I hire a lawyer for my personal injury case?

    There are several reasons for hiring a lawyer to represent you in your personal injury claim, rather than representing yourself. 1.) It allows you to focus on your own recovery, rather than the complicated details of your case. 2.) By hiring a skilled personal injury attorney to research your case and represent you in court, your chances of success improve drastically.

  • How long will my personal injury case take to resolve?

    This number can vary from one case to another, depending on the details of your situation. A lawsuit can take anywhere from several months to several years to settle.

  • What is the average settlement amount for a personal injury claim?

    The average compensation amount for a personal injury case is anywhere from $3,000 to $75,000, depending on what type of damages you are pursuing.

  • Does California put damage caps on claims for personal injury cases?

    No, only Medical Malpractices cases have a cap. California Civil Code section 3333.2 sets a cap on the amount of non-economic damages (pain and suffering) that can be recovered in a medical malpractice case. The maximum amount that may be recovered is $250,000. All other Personal Injury cases are not subject to any cap.