When a poorly maintained or designed road causes an accident, the path to recovery is different than the typical personal injury claim.
This is because government entities operate under different legal standards than private parties. They are protected by specific laws and immunities that sometimes make it harder to hold those negligent responsible. The deadlines for filing a claim are also much shorter, often measured in months rather than years, which requires you to act quickly to protect your rights.
As your Bakersfield defective roadway lawyer, we understand how to handle these complex claims. Our practice is built on a deep knowledge of the procedures and defense strategies used by government entities. We are experienced in gathering the necessary evidence and meeting the strict deadlines, allowing you to focus on your recovery.
For a free consultation to discuss your case, call us at (661) 333-3333. Facing a government defendant requires specific knowledge and experience; we provide the representation you need to deal with them.
Why Choose Our Firm?
When you work with our firm, you have direct access to our attorneys. This ensures that your questions are answered promptly and that strategic decisions are made efficiently, without unnecessary delays.
Our firm’s roots run deep through Bakersfield’s legal landscape. With over thirty years of courtroom experience, we have gained substantial knowledge about local judges, opposing counsel, and the government entities most likely to be involved in your claim. We understand the details of how Kern County manages its road maintenance and design approvals. This local knowledge becomes your asset when building your case.
Financial barriers should not prevent you from seeking justice. We operate on a contingency fee structure, which means you pay nothing unless we secure compensation for you. Your initial consultation is also free and carries no obligation, so you can understand your legal options without risk.
Our downtown office is located at 930 Truxtun Ave, #110, just a few blocks from the Kern County Superior Court, placing us in the center of Bakersfield’s legal district.
What Makes a Roadway “Defective” in California?
When a public road has a flaw that creates a significant risk of harm to someone using it with reasonable care, it may be considered a “dangerous condition” under California law. For an injury claim against a public entity to succeed, it must meet specific legal requirements.
Potholes, Cracks, and Pavement Failure: Large cracks or potholes that can cause a driver to lose control.
Shoulder Drop-Offs: A sharp, unmarked drop from the travel lane to the road’s shoulder.
Poor Road Design: Features like dangerously sharp curves, limited sight at intersections, or lanes that are too narrow for the speed limit.
Inadequate Signage or Traffic Controls: Missing stop signs, signs hidden by vegetation, or malfunctioning traffic lights.
Water Pooling and Poor Drainage: Improper drainage that leads to standing water and hydroplaning risks.
Lack of Guardrails or Barriers: The failure to install guardrails near steep embankments or other hazards.
Faded or Missing Lane Markings: Unclear lane lines that can cause driver confusion.
Road Debris or Obstructions: The failure of maintenance crews to clear debris from the road in a timely manner.
Identifying the Responsible Party After a Defective Roadway Accident
After an accident, our first step is to determine which government entity is responsible. This is a key detail that dictates how and where we must file your claim.
Determining the Responsible Public Entity
The road where the accident occurred could be maintained by one of several entities:
City of Bakersfield: The city’s Public Works Department is responsible for most surface streets, intersections, and traffic signals within city limits.
Kern County: The Kern County Public Works Department manages thousands of miles of public roads in the unincorporated areas of the county.
State of California (Caltrans): The California Department of Transportation is responsible for state highways and interstates, such as Highway 99, State Route 178, and I-5.
Understanding Sovereign Immunity and the Tort Claims Act
You cannot sue a government entity in the same way you would a private citizen. A legal principle known as “sovereign immunity” shields public entities from most lawsuits.
The California Tort Claims Act creates a limited exception, allowing people to file claims for injuries caused by a dangerous condition of public property. However, to be successful, you must prove the government had “notice” (either actual or constructive) of the dangerous condition and a reasonable amount of time to fix it but did not. This is a high legal standard, which is why having experienced representation is so important.
Strict Deadlines for Government Claims
The timelines for taking legal action against the government are short and unforgiving.
In a typical car accident case involving another driver, you generally have two years to file a lawsuit in California. For a claim against a government entity, this window is much shorter.
The Two-Step Process We Must Follow:
File an Administrative Claim: We must file a formal “tort claim” with the correct government agency within six months of the injury. This is a mandatory first step.
File a Lawsuit: The government entity has 45 days to respond. If they deny our claim, we then have six months from the date of the denial to file a lawsuit in civil court.
Missing these deadlines can permanently prevent you from seeking compensation.
Calculating Compensation for a Defective Roadway Claim
Our goal is to help you secure the maximum compensation available under the law to cover all of your losses.
Economic Damages
These are specific, verifiable financial losses:
Medical Bills: All costs for emergency care, hospitalization, future surgeries, physical therapy, and medication.
Lost Wages: Compensation for the income you have lost while out of work.
Loss of Future Earning Capacity: If your injuries affect your ability to earn income in the future.
Property Damage: Costs to repair or replace your vehicle and other personal property.
Non-Economic Damages
These compensate for the personal, non-financial costs of the accident, including psychological problems after car accidents that can deeply affect your quality of life.
Pain and Suffering: Compensation for the physical pain caused by your injuries.
Emotional Distress: For conditions like anxiety, depression, or PTSD resulting from the trauma of the accident.
Loss of Enjoyment of Life: Compensation for the loss of ability to participate in hobbies and activities.
Dangerous Roadway Hotspots in Bakersfield and Kern County
Kern County’s roads face well-documented funding challenges, which can lead to deferred maintenance and the development of dangerous conditions.
Studies have shown Kern County has an intersection crash rate higher than the California county average. We frequently see accidents on major roads and at busy intersections, including:
State Route 99 and State Route 178: These highways handle a high volume of traffic, including many large commercial trucks. High speeds and road wear can create dangerous conditions. The stretch of State Route 178 through “the canyon” is known for its challenging curves.
Union Avenue & California Avenue: Based on crash frequency and severity, this intersection has been identified as having one of the highest “danger scores” in Kern County.
Ming Avenue & New Stine Road: Studies have also cited this intersection as having one of the highest collision counts in Bakersfield.
Other notable areas with high accident rates include Rosedale Highway, Stockdale Highway, Gosford Road, and Mount Vernon Avenue.
Common Defenses in Government Claims
Government entities use a standard set of legal arguments to defend against these claims.
We understand these tactics and how to counter them.
Claiming Lack of Notice: They may argue they had no “actual” or “constructive” notice of the hazard. We investigate public records, maintenance logs, and reports from other citizens to establish that the entity knew or should have known about the danger.
The “Trivial Defect” Defense: The government might claim the defect was too minor to pose an unreasonable risk. We use accident reconstruction experts and evidence from the scene to show how the defect caused the accident.
Design Immunity: This legal protection, found in California Government Code § 830.6, can shield a public entity from liability if an injury was caused by an approved engineering design. However, this immunity may not apply if conditions have changed since the original design.
Claiming Lack of Notice: They may argue they had no “actual” or “constructive” notice of the hazard. We investigate public records, maintenance logs, and reports from other citizens to establish that the entity knew or should have known about the danger.
The “Trivial Defect” Defense: The government might claim the defect was too minor to pose an unreasonable risk. We use accident reconstruction experts and evidence from the scene to show how the defect caused the accident.
Design Immunity: This legal protection, found in California Government Code § 830.6, can shield a public entity from liability if an injury was caused by an approved engineering design. However, this immunity may not apply if conditions have changed since the original approval, making the design unsafe, and the entity had notice of the new danger.
Arguing Comparative Negligence: A defendant will often try to shift blame to the injured party by scrutinizing their actions. California follows a “pure comparative negligence” rule, which means you can still recover damages even if you are found partially at fault, but your compensation will be reduced by your percentage of fault. Our job is to present the facts clearly to minimize your attributed fault.
Protect Your Claim: Steps to Take Now
In addition to seeking medical care, understanding what to do after a car accident includes preserving evidence related to your crash.
Document Everything
Return to the Scene (If Safe): Take clear photos and videos of the roadway defect from different angles. Include landmarks to show the exact location. If possible, measure the defect. This is time-sensitive, as evidence can be repaired or paved over.
Photograph Your Injuries and Vehicle Damage: Keep a visual record of the harm you have suffered.
Start a Recovery Journal: Write down your pain levels, daily challenges, and doctor’s appointments. This journal can become powerful evidence of your non-economic damages.
Keep All Paperwork: Organize medical bills, repair estimates, receipts, and pay stubs in a dedicated file.
Protecting Your Legal Rights
Do Not Give a Recorded Statement: You are not required to give a statement to government investigators or their insurance representatives. They are trained to ask questions that could be used against you. Direct them to your attorney.
Get a Copy of the Police Report: Review it for accuracy. We can help take steps to correct any factual errors.
Be Cautious on Social Media: Investigators may review your social media profiles for anything that could contradict your injury claims. A single post can be taken out of context to argue your injuries are not as severe as you claim.
Frequently Asked Questions About Defective Roadway Claims
What if I was speeding or violated a traffic law when the accident happened?
You may still have a valid claim. California follows a “pure comparative negligence” rule, meaning you can recover damages even if you were partially at fault. However, your compensation will be reduced by your percentage of responsibility.
What happens if I miss the six-month deadline to file an administrative claim?
Missing this deadline typically bars your claim permanently, with very limited exceptions. The courts rarely grant extensions unless you can prove extraordinary circumstances prevented you from filing on time. This is why acting quickly is so important. If you’re approaching the deadline, we help you file an administrative claim to preserve your rights while we investigate the full details of your case.
Can multiple government entities be responsible for the same roadway accident?
Yes, and this is more common than you might think. For example, if an accident occurs at an intersection where a city street meets a state highway, both the city and Caltrans might share responsibility. Similarly, if poor drainage from county property causes water to pool on a city street, both entities could be liable if a road hazard causes an accident. We investigate all potentially responsible parties to ensure you pursue every available source of compensation.
What if the government has already started repairing the road defect?
This doesn’t hurt your case—in fact, it may help it. Quick repairs after an accident can demonstrate that the government recognized the dangerous condition. However, time is critical for preserving evidence. We need to document the defect before repairs eliminate the physical proof of what caused your accident. This is another reason to contact an attorney immediately after your accident.
Will I need an expert witness to prove the roadway was defective?
In most cases, yes. Expert witnesses such as traffic engineers or road design specialists help establish that the roadway condition created an unreasonable risk to drivers exercising ordinary care. They explain technical standards, analyze the defect’s role in your accident, and counter the government’s experts who will likely testify that the road met acceptable standards.
What if my accident happened during bad weather conditions?
Weather doesn’t automatically eliminate your claim, but it does add complexity. The question becomes whether the roadway defect created a dangerous condition that a properly designed and maintained road would have handled safely.
For example, if poor drainage causes water to pool during normal rainfall, leading to hydroplaning accidents, the government may still be liable. We evaluate whether the weather was a contributing factor or whether the roadway’s design or maintenance failures were the primary cause.
Can I file a claim if the accident happened in a construction zone?
Construction zones present unique challenges but don’t automatically protect the government from liability. The key factors include whether proper warning signs were posted, if traffic control measures were adequate, and whether the construction created unreasonably dangerous conditions. Government entities must maintain reasonably safe conditions even during construction projects.
You Deserve Answers and Support
Our firm recognizes the challenges you are facing and is equipped to handle the legal details while you focus on what matters most: your health. As experienced personal injury attorneys, we are committed to guiding you through every step of the legal process with compassion and clarity.
Call us 24/7 at (661) 333-3333 or fill out our online contact form to get started with a free, no-obligation consultation.
Law Offices of Mickey Fine – Bakersfield Office
930 Truxtun Ave, #110
Bakersfield, CA 93301 (661) 333-3333
Frequently Asked Questions About Defective Roadway Claims
What if I was speeding or violated a traffic law when the accident happened?
You may still have a valid claim. California follows a "pure comparative negligence" rule, meaning you can recover damages even if you were partially at fault. However, your compensation will be reduced by your percentage of responsibility.
What happens if I miss the six-month deadline to file an administrative claim?
Missing this deadline typically bars your claim permanently, with very limited exceptions. The courts rarely grant extensions unless you can prove extraordinary circumstances prevented you from filing on time. This is why acting quickly is so important. If you're approaching the deadline, we help you file an administrative claim to preserve your rights while we investigate the full details of your case.
Can multiple government entities be responsible for the same roadway accident?
Yes, and this is more common than you might think. For example, if an accident occurs at an intersection where a city street meets a state highway, both the city and Caltrans might share responsibility. Similarly, if poor drainage from county property causes water to pool on a city street, both entities could be liable. We investigate all potentially responsible parties to ensure you pursue every available source of compensation.
What if the government has already started repairing the road defect?
This doesn't hurt your case—in fact, it may help it. Quick repairs after an accident can demonstrate that the government recognized the dangerous condition. However, time is critical for preserving evidence. We need to document the defect before repairs eliminate the physical proof of what caused your accident. This is another reason to contact an attorney immediately after your accident.
Will I need an expert witness to prove the roadway was defective?
In most cases, yes. Expert witnesses such as traffic engineers or road design specialists help establish that the roadway condition created an unreasonable risk to drivers exercising ordinary care. They explain technical standards, analyze the defect's role in your accident, and counter the government's experts who will likely testify that the road met acceptable standards.
What if my accident happened during bad weather conditions?
Weather doesn't automatically eliminate your claim, but it does add complexity. The question becomes whether the roadway defect created a dangerous condition that a properly designed and maintained road would have handled safely.
For example, if poor drainage causes water to pool during normal rainfall, leading to hydroplaning accidents, the government may still be liable. We evaluate whether the weather was a contributing factor or whether the roadway's design or maintenance failures were the primary cause.
Can I file a claim if the accident happened in a construction zone?
Construction zones present unique challenges but don't automatically protect the government from liability. The key factors include whether proper warning signs were posted, if traffic control measures were adequate, and whether the construction created unreasonably dangerous conditions. Government entities must maintain reasonably safe conditions even during construction projects.
