San Diego reported around 3984 motorcycle crashes in 2021, according to data from the Transportation Injury Mapping System (TIMS). Hazardous road conditions cause hundreds of San Diego motorcycle accidents every year. It is unfortunate for riders to suffer the consequences of road debris that should never have been there in the first place.
Motorcyclists are at more risk from hazardous road conditions because one small pothole or debris knocks them off balance. It can be difficult to determine the liability as such accidents are often associated with governmental entities or corporate offices. A San Diego hazardous road condition accident lawyer will represent you through the process to attain fair compensation for your damages.
What Are Hazardous Road Conditions?
Hazardous road conditions refer to unfavorable conditions that make driving difficult and risky. Driving during heavy rain, smog, snow, thick fog, etc., demands patience and practice, as a small slip can cause devastating accidents. At the same time, cracks, potholes, missing stop signs, missing signals, bad road designs, etc., is also equally threatening to drive around.
Common Roadway Defects
Some common roadway defects that cause motorcycle accidents in San Diego are:
- Road debris
- Uneven roads
- Potholes
- Cracks
- Design flaws
- Overgrown bushes/trees
- Constructions with no signs
- Poor/unpredictable weather conditions
- Rocks and gravels
- Poor lighting
- Missing signs and signals
- Water pooling
Common Injuries from Hazardous Road Condition Accidents
A motorcyclist can suffer from severe injuries from an accident caused by hazardous road conditions in San Diego., such as the following:
- Head injuries
- Spinal cord injuries
- Paralysis
- Internal bleeding
- Organ damage
- Traumatic Brain Injuries (TBIs)
- Lacerations
- Fractures
- Muscle injuries
- Cuts and bruises
Who Is At Fault In A Hazardous Road Accident In San Diego?
In a San Diego hazardous road accident, the government body, construction company, or a particular corporate business that is responsible for the timely maintenance of the road is at fault. It was their duty to fix any road debris or traffic defects to prevent the accident in the first place. Therefore, you have the legal right to file a personal injury claim against them.
California Statute of Limitation for Government Claims
According to the Government Code Section 911.2 (a), one must file an administrative claim to a government entity within six months of the accident. An administrative claim is a ‘special claim’ to be filed to the government entity before you file a lawsuit in court. The forms are available in the respective government office.
Once you file the administrative claim, there is a 45-day deadline for the designated body to respond. In case they fail to do so on time or deny your claim, you have 6 months from the denial date to file a lawsuit against them in court. Dealing with government bodies can be complicated if you lack legal experience. It is highly recommended that you talk to a lawyer, who will guide you through the process.
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How Can A San Diego Hazardous Road Condition Accident Lawyer Help?
Proving liability for hazardous road condition accidents in San Diego can be extremely difficult. Working with a lawyer can help you understand your situation better, become aware of governmental policies, and recover a deserving amount of compensation. Here is a walk of the roles and responsibilities of a San Diego motorcycle accident attorney:
Gathering Evidence And Investigating The Accident
An attorney has the expertise to analyze all evidence, gather additional evidence, and investigate the cause of the accident. Lawyers obtain proof that hazardous road conditions caused the accident.
Determine Liability
A lawyer will investigate and determine the responsible government entity or company and identify the best way to file a claim against them.
Negotiate With The Insurance Companies
Your attorney will help you calculate a deserving amount of compensation and handle all conversations and meetings with the insurance company. There is less chance of miscommunication, and the negotiation meetings are handled professionally.
Court Representation
If the case ends in court, a hazardous road conditions motorcycle accident lawyer will undergo all legal procedures before, during, and after trial and represent you throughout the litigation process.
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What Types Of Damages Am I Eligible To Recover?
You can recover two types of damage compensations if you or a loved one were injured in a hazardous road conditions accident. Economic damages cover your monetary damages that came as a direct result of the accident. This includes medical costs, lost wages, therapy costs, property repair expenses, etc. At the same time, non-economic damages cover non-monetary losses like pain and suffering, loss of enjoyment of life, and emotional distress.
Contact A Top-Rated Hazardous Road Condition Accident Attorney Now
Many accident victims assume that the losses they experience from unfortunate situations like hazardous road conditions cannot be recovered. This is untrue. It is important to seek legal advice from a top-rated law firm that can guide you through the best way to approach your personal injury case.
Shamon Law has a team of experienced lawyers who have won fair compensation for complicated hazardous road condition accidents. Call us at +1 619 458-3539 for a free consultation and take the first step to recover fair compensation for your damages.