A trucking accident can be the result of many causes and negligent parties. Driver error, poor weather conditions, and motorist inattention can all contribute to severe trucking accidents. But what happens when a dangerous highway condition is the cause of your accident? When you are involved in a trucking accident that you believe is the result of a defective roadway or dangerous highway condition, you have a right to seek legal compensation for your injuries and for any damages that have occurred.
The San Jose trucking accident lawyers at Corsiglia, McMahon, and Allard, LLP have more than 30 years of experience helping injured trucking accident victims and their families seek justice. We know that accidents that involve large commercial trucks, big rigs, or semi-trucks can lead to life-changing injuries. As such, we fight aggressively to ensure that our clients have the resources they need to recover and put their lives back together.
Common Defective Roadway Hazards
The most common defective roadway conditions that lead to trucking accidents include:
- Inadequate guardrails
- Signs blocked by trees or objects
- Defective traffic lights
- Bridge defects or collapses
- Road construction debris
- Inadequate warning about upcoming road construction or road work
- Lack of shoulder on road
- Dangerous intersections
- Improperly filled potholes
- Dangerous drop-offs
- Failure to maintain roads
- Not properly removing snow or ice buildup
Poor Road Conditions: Whose Fault is it?
The State of California and the City of San Jose are responsible for maintaining the roads in and around the city and throughout the state. They do so to ensure the safety of all those who drive on California roadways. When a dangerous highway condition or an improperly maintained road causes an accident, you may be able to file a lawsuit against the responsible government entity.
Unfortunately, determining who is ultimately responsible for the condition of the road can be difficult and proving negligence is even tougher. An experienced San Jose trucking accident attorney will need to investigate your case closely to determine which government entity is responsible for maintaining that section of the road. Your attorney may then need to use expert testimony, engineering reports, accident recreation experts, and forensic specialists to establish negligence and build your case.
Time is of the essence, however. In personal injury or wrongful death lawsuits against a government entity, you have a narrow window to file a claim—as little as 6 months for state or city claims.
Your attorney can ensure that you do not miss any critical deadlines associated with filing your lawsuit. In some situations, there may be multiple parties responsible for your injuries and your accident. This can include the government entity responsible for maintaining the road, the construction crew responsible for leaving the debris on the road, and the truck driver for failing to respond appropriately to the debris in the road.
If you or someone you love has been injured in a trucking accident in San Jose, Palo Alto, Los Gatos, San Francisco, or anywhere in Northern California, the trucking accident lawyers at Corsiglia, McMahon, and Allard, LLP can help. Our office is conveniently located in downtown San Jose, and we have staff present who can speak Spanish if needed. We offer FREE initial consultations to review your case and we are available 24/7. Contact us today at 1-888-887-3472 / 1-408-289-1417 or fill out our confidential contact form for more information.