When Is the Government Liable in Motor Vehicle Accidents in California?
Motor vehicle accidents happen frequently in California, especially in big cities like Los Angeles. While many of these crashes involve private drivers, there are instances where the government may also be at fault. If you were injured in an accident and believe that the government played a role, it’s important to understand when the government can be held liable.
Below, Law Offices of Samer Habbas & Associates, PC will cover when the government is responsible for accidents in California, the circumstances under which you can file a claim, and what to do next.
Government Responsibility for Road Maintenance
One of the main ways the government can be liable in a motor vehicle accident is by failing to properly maintain roads. In California, government agencies at the local, county, and state levels are responsible for ensuring roads are safe for drivers, cyclists, and pedestrians. This includes fixing potholes, ensuring adequate signage, and maintaining traffic signals. If a government entity fails to repair dangerous road conditions in a timely manner, and that failure leads to an accident, they may be held liable.
Dangerous Road Conditions
Beyond just potholes, dangerous road conditions can include several other factors. These might involve debris left on the road for an extended period, dangerous curves that aren’t properly marked, or roads that aren’t properly designed to handle traffic safely. A common issue is inadequate lighting on roads, especially in rural areas, which can make it difficult for drivers to see obstacles or pedestrians.
Another example could be a lack of guardrails on a steep road. Guardrails are essential for preventing cars from leaving the roadway in certain conditions, and their absence could contribute to a severe accident. If a government entity fails to maintain or install appropriate safety measures like guardrails, you may be able to hold them accountable for any injuries that result from an accident on that road.
Government Vehicle Involvement
In some cases, a government-owned vehicle may be directly involved in an accident. This could be a city bus, police car, fire truck, or another vehicle owned and operated by a government employee. If you’re in an accident involving one of these vehicles and believe the driver was negligent, you might have grounds to hold the government responsible for your injuries.
Immunity
Filing a claim against the government in California is different from filing a claim against a private individual. One of the most important things to understand is that the government has special protections that can limit your ability to file a lawsuit. This is due to something called “sovereign immunity,” which protects government entities from being sued in many circumstances. However, California has specific laws that allow you to file a claim against the government under certain conditions.
How to Sue Los Angeles or Other Public Entities in California
If you believe a California government or public agency has caused you harm, follow these steps to sue:
- File a claim first: Before suing, you must submit a claim to the agency within specific time limits—6 months for personal injury or property damage, and 1 year for breach of contract or real property damage.
- Submit proof: Send the claim by certified mail (with return receipt) or deliver it in person and get a receipt.
- Agency response: If your claim is denied or not answered within 45 days, you can sue in Small Claims Court. You must file your lawsuit within 6 months of the denial or within 2 years if there’s no response.
- Court filing: When filing your case, include the denial letter or proof of claim submission. Forms are available online or at the court clerk’s office.
Proving Government Negligence
To successfully hold the government liable for your accident, you must prove that they were negligent. This means showing that the government had a duty to keep the road or vehicle safe, that they failed to meet this duty, and that their failure directly caused the accident that resulted in your injuries.
For example, if a city was aware of a dangerous pothole but failed to fix it despite receiving complaints from the public, you would need to demonstrate that the government’s failure to repair the road caused your accident. Evidence might include photos of the road condition, witness statements, and records showing that the government was aware of the problem.
Similarly, if you were injured in an accident involving a government vehicle, you would need to show that the driver was negligent. This could include evidence like traffic camera footage, witness testimony, or police reports.
Common Challenges in Claims Against the Government
While it’s possible to hold the government responsible for an accident, there are several challenges you may face. The government often has access to significant resources and legal defenses, and they may argue that they were not at fault. Additionally, proving negligence on the part of a government entity can be more difficult than in a case against a private individual.
Another challenge is the shorter timeline for filing a claim. As mentioned earlier, you must file your administrative claim within six months of the accident. If you miss this deadline, you may be barred from pursuing any compensation.
Contact The Los Angeles Motor Vehicle Accident Lawyer Samer Habbas
If you or a loved one were injured in a motor vehicle accident in Los Angeles and believe that government negligence contributed to the accident, you have legal rights. Understanding when the government is responsible and how to effectively use the government can be complicated. Contact Law Offices of Samer Habbas & Associates, PC by calling 949-727-9300 or contacting us online for a consultation. Our motor vehicle accident lawyers are here to help you understand your options and seek the compensation you deserve.