How do I establish that a dangerous road condition caused my car accident for a claim against a government entity?
To establish a dangerous road condition claim, you must prove the government entity controlled the property, a dangerous condition existed that they knew or should have known about, and this condition caused your accident and injuries. This process is complex and has strict deadlines.
Here are the steps to build your case:
Step 1: Identify the Responsible Government Entity
You must determine which government agency is responsible for maintaining the road. This could be a city, a county, or the State of California (Caltrans). Look for signs in the area or contact the public works department for the city or county where the accident occurred to confirm jurisdiction.
Step 2: File a Government Tort Claim Within Six Months
You must file a formal "Government Tort Claim" with the correct entity within six months of the date of the injury. This deadline, set by Government Code 911.2, is extremely strict. You can usually download the claim form from the entity’s website or get a physical copy from their main office or clerk's office. Filing this claim is a required first step before you can file a lawsuit.
Step 3: Document the Dangerous Condition
Immediately take detailed photographs and videos of the road hazard that caused your accident. Capture the defect (e.g., large pothole, broken guardrail, obscured stop sign, severe road erosion) from various angles and distances to show its size and location. Also, photograph your vehicle's damage and any visible injuries.
Step 4: Collect Evidence of Causation
Obtain a copy of the official traffic collision report. The responding officer may have noted the road defect as a contributing factor. Gather the names and contact information of any witnesses who saw the accident or who can testify about how long the dangerous condition existed.
Step 5: Prove the Government Had Notice
To win your claim, you must show the government entity had either "actual" or "constructive" notice of the dangerous condition. Actual notice means someone officially reported the hazard. Constructive notice means the hazard existed for such a long time that the entity should have discovered it through reasonable inspections. You can request public records of prior complaints or accidents at the same location.
Important details and nuances:
Under California Government Code 830, a "dangerous condition" is one that creates a substantial risk of injury when used with reasonable care. The government can argue that your own negligence contributed to the accident or that they were not aware of the hazard and did not have a reasonable amount of time to fix it.
Warnings and limitations:
Missing the six-month claim deadline will almost certainly prevent you from ever recovering compensation. These cases are very difficult to win because government entities have significant legal immunities and resources to fight claims.
This is general information and does not constitute legal advice. For complex situations, you should consult with a qualified California attorney who specializes in personal injury claims against government entities.
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Disclaimer:
This information is for general guidance only and should not be considered as legal advice. Please consult with a qualified attorney for specific legal matters.
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Updated: August 13, 2025
Personal Injury
Accident claims, medical malpractice, and compensation rights
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