Dangerous Roads & Highway Defect Claims

Personal Injury

California Dangerous Road & Highway Defect Law

Government entities—including Caltrans, counties, and cities—have a legal duty to design, build, and maintain public roads in a reasonably safe condition. When they fail, and that failure causes an accident, California law provides a path to hold them accountable. Under Government Code section 835, a public entity is liable for injury caused by a dangerous condition of its property. At The Law Offices of Farris Ain, we have the experience to navigate the complex procedural requirements that make these government claims uniquely challenging.

Government Code Section 835: Dangerous Condition of Public Property

To establish a claim under Government Code section 835, a plaintiff must prove four elements:

• The property was in a dangerous condition at the time of the injury
• The injury was proximately caused by the dangerous condition
• The dangerous condition created a reasonably foreseeable risk of the kind of injury that occurred
• Either a government employee created the dangerous condition through a negligent or wrongful act, or the entity had constructive notice of the condition in time to have taken corrective action

A “dangerous condition” is defined as a condition of property that creates a substantial risk of injury when the property is used with due care in a reasonably foreseeable manner. This standard does not require that the road be a death trap—it must only create a substantial risk that would not be obvious to a person exercising due care.

The 6-Month Government Claim Deadline

This is the most critical aspect of any dangerous road claim. Under Government Code section 911.2, a victim must file a formal government tort claim within six months of the date of the accident. This is not a suggestion—it is an absolute prerequisite to filing a lawsuit. If you miss this deadline, your claim is almost certainly barred forever, regardless of how strong the evidence is.

The government tort claim must be filed with the correct entity (the specific city, county, or state agency responsible for the road) and must contain specific information including:

• The date, place, and circumstances of the accident
• A general description of the injuries and damages
• The names of the government employees involved (if known)
• A dollar amount or estimate of the claim

The government entity then has 45 days to respond. If the claim is denied or no response is given, the victim has six months from the date of denial (or deemed denial) to file a lawsuit.

Caltrans Liability

The California Department of Transportation (Caltrans) is responsible for the state highway system—including design, construction, and maintenance of freeways, state routes, and associated infrastructure. Caltrans can be held liable for dangerous conditions including:

• Design defects: Inadequate sight distances, dangerous curves without proper banking, interchange designs that create confusion, and ramp configurations that cause merging hazards
• Missing or inadequate signage: Absent speed limit signs, missing curve warnings, insufficient construction zone warnings, and faded or obscured regulatory signs
• Missing guardrails and barriers: Unprotected drop-offs, bridge approaches without adequate barriers, and median crossover areas without cable barriers
• Pavement defects: Potholes, uneven lane surfaces, inadequate drainage causing hydroplaning, and deteriorated road surfaces

City and County Road Maintenance Negligence

Local government entities—cities, counties, and special districts—are responsible for maintaining local roads, intersections, traffic signals, and pedestrian infrastructure. Common dangerous conditions on local roads include:

• Dangerous intersections: Intersections with a known history of accidents that have not been redesigned or improved
• Traffic signal failures: Malfunctioning signals, inadequate signal timing, and missing signals at high-traffic intersections
• Poor drainage: Flooding and standing water on roadways that cause hydroplaning and loss of vehicle control
• Obstructed sight lines: Overgrown vegetation, improperly placed signs, and structures that block drivers’ view at intersections
• Unmarked hazards: Unprotected drop-offs, raised utility covers, and deteriorated road shoulders

Road Design Defects

Some of the most compelling dangerous road cases involve fundamental design defects—conditions that were “built in” to the road from the start or that developed as traffic patterns changed over time. Evidence that a government entity knew about a design problem—such as a history of similar accidents at the same location—is powerful proof that the entity had constructive notice and failed to act.

Expert testimony from traffic engineers, accident reconstructionists, and road design professionals is typically essential in design defect cases. These experts can establish what the applicable design standards required, how the road deviated from those standards, and how the defect caused or contributed to the accident.

Construction Zone Accidents

Construction zones present heightened dangers to motorists, cyclists, and pedestrians. When accidents occur in construction zones, liability may fall on the government entity that ordered the work, the general contractor managing the project, or subcontractors whose work created the hazardous condition. Common construction zone hazards include inadequate warning signage, abrupt lane shifts without proper channelization, uneven pavement surfaces between old and new work, improperly placed barriers and cones, and debris left in travel lanes.

Building Your Case: Critical Evidence

Dangerous road cases are won or lost on the strength of the evidence. Key evidence includes:

• Accident history data: Records of prior accidents at the same location, which establishes constructive notice
• Maintenance records: Documentation of complaints, repair requests, and inspection reports
• Design documentation: Original road design plans, traffic studies, and any subsequent modification proposals
• Photographic and video evidence: Conditions at the accident scene, including the specific defect, signage, sight lines, and lighting
• Expert analysis: Traffic engineering and accident reconstruction reports that establish the causal connection between the defect and the accident

“Government entities have a duty to keep our roads safe. When they fail and someone is injured, the law provides a remedy—but only if you act within the strict deadlines. Contact us immediately.”