Pavement edge drop offs are a contributing factor in thousands of traffic accidents each year. Such accidents often result in serious injuries and fatalities to motorists, motorcyclists, bicycle riders and pedestrian alike. Victims of accidents caused by defective roadway conditions including pavement drop offs are entitled to restitution for all damages sustained. Our personal injury law firm is proud to represent car accident victims due to the negligent safety repair and upkeep of roadways by local and state government agencies.
Dangers of Pavement Edge Drop Offs to MotoristsEdge drops or shoulder drops are roadway surfaces which are significantly elevated in comparison to the shoulder sections of a road. Drop-off between paved and unpaved surfaces are usually caused by resurfacing by state agencies like California Caltrans, charged with management and upkeep of roadways. According to recent studies by the National Highway Safety Board, the elevation difference between the roadside and the paved shoulders account for nearly 3% of all roadway accidents in rural communities across the United States. Additionally, based on a 2005 study accidents involving drop-offs result in a higher risk of fatalities than accidents where drop offs are not involved. Such an increased may be due to the increased risk of SUC and Light truck rollover accidents which are by far the most deadly type of accident on our roadways.
Filing a Road Defect Accident Lawsuit – Compensation for Damages SufferedCaltrans is responsible for many different road construction and maintenance projects across the state of California. Errors in construction resulting in serious accidents are more common than you might believe. If you have been injure is an auto accident due to a roadway design defect, improper maintenance or failure to properly install warning signs or safety equipment you may have a claim against Caltrans (California department of transportation), state and city administrative agencies. Statute of Limitations – Time Limit to Filing a Lawsuit for Accidents Caused by Pavement Edge Drop Offs The statute of limitations for filing a personal injury lawsuit is dependent on two main factors (1) the jurisdiction where the accident took place, (i.e. the location of the trial), and (2) The cause of action brought forth by the plaintiff against defendants in the court of law. California Law Regarding Lawsuits Against Public Entities: In the state of California civil lawsuit claims against government agencies must brought first as an administrative claim against the agencies in question within 6 month (180 days) from the date of the accident. If and when the agency fails to comply with the request for financial compensation victims will have two years from the date of the accident to file a lawsuit in state or federal court. Victims Right to Compensation: Victims of serious injuries due to the negligent or intentional conduct of others are entitled to full compensation for all losses emanating from the traumatic event. The level of compensation is dependent on several factors including
- Medical and hospitalization costs
- Cost of future medical care and rehabilitation expenses
- Pain and suffering associated with injuries suffered
- Lost wages and loss of future income
- Punitive damages – when the defendant in a case has acted with wanton or reckless disregard for the life and health of others.