Ever driven down a dark road and couldn’t tell where your lane ended?
It’s frightening. And it happens far more often than people realize. Missing pavement markings, blown out stop signs and large potholes can transform safe streets into dangerous driving conditions in the blink of an eye.
Here’s the problem:
After getting into a crash on a poorly maintained road, most would blame the other driver. Or blame themselves. Few ask…
Who was supposed to fix that road?
Negligence starts with an answer sometimes. And that answer could lead you to a city, county or even a state.
Here’s how it works…
Here’s what’s inside:
- Why Bad Upkeep Creates High Risk Driving Roads
- The 3x Maintenance Failures That Cause Crashes
- When Poor Maintenance Becomes Negligence
- How To Build A Strong Road Case
Why Bad Upkeep Creates High Risk Driving Roads
Roads do not maintain their safety by themselves. Paint fades. Signs get knocked over. Asphalt becomes cracked and deteriorates after years of heavy use and inclement weather.
And in California, the numbers are pretty ugly.
Rough roads plague Bay Area drivers: In the San Francisco-Oakland area, 74% of major roads are in poor or mediocre condition. Statewide, drivers can expect that poor or mediocre condition roads make up 58% of their drive. Poor road conditions cost the average local driver $1,048 more per year in repairs and vehicle wear.
But the real cost isn’t money. It’s safety.
Loss of basic road markings causes drivers to lose the visual cues that help them stay in their lane, slow down and recognize hazards. Local activists continue to call attention to Contra Costa dangerous roads because faded road paint, cracked pavement and lacking warning signs turn busy commuter roads into accident prone roadways where one little error can cause a severe collision.
Think about it:
A driver cannot follow a lane line if they cannot see it. They cannot stop for a sign if it does not exist.
The 3x Maintenance Failures That Cause Crashes
Not all bumps in the road are litigation issues. However, some pitfalls repeat themselves throughout accident reports.
Here are the big three.
Missing Or Damaged Signs
Stop signs, curve ahead signs and speed limit signs have one thing in common. They inform you of what’s ahead of you.
Suppose someone knocks over a sign or steals it. Maybe trees have grown in front of it so that it can’t be seen. Now that warning message is gone. An approaching driver may not know they need to stop at a blind intersection. The inevitable result is a side-impact collision that could have been prevented by a $10 piece of metal.
Tip: Signs have to send light back at night too. An old faded sign may be standing… but it can virtually disappear at night.
Faded Lane Lines
This one is easy to overlook.
Lane lines and edge lines are kind of dull looking. Yet they are one of the least expensive safety features a roadway can utilize. Studies conducted by the federal government discovered that implementing edge lines and centerlines reduced crashes by 36% on rural, two lane roadways.
That’s a huge drop for a bit of paint!
Okay, when those lines go away, the reverse occurs. People drift. They wander across the center line. They drift off the road on curves, particularly in rain or nighttime.
Potholes And Broken Pavement
Potholes are more than just annoying. A deep one can:
- Blow out a tire
- Throw a car into the next lane
- Knock a motorcyclist or cyclist to the ground
All these issues can be caused by irregular pavement or sinking shoulders and gravel in the roadway. Two wheel riders are most at risk here as they only need one sharp edge to throw them off course.
When Poor Maintenance Becomes Negligence
Here’s the thing most people don’t realise…
Poor road conditions alone are not sufficient to prevail in a claim. It must be proven that the responsible agency was negligent in the performance of its duties. Generally, in negligence claims there are four essential elements:
- Duty: The government agency had a duty to keep the road reasonably safe.
- Breach: They failed to fix, repair or warn people about a dangerous condition.
- Notice: They knew (or should have known) about the defect or problem in time to repair it.
- Causation: That dangerous condition helped cause the crash and your injuries.
Notice is usually the hardest part to prove.
Agencies can’t solve problems they don’t know exist. However, if customers have been calling for months… or paint has been faded for years… Well, THAT is a different conversation.
Claims in California are governed by the laws pertaining to dangerous conditions of public property. The issue is whether the condition posed an unreasonable risk of harm when the property was used with due care and in a reasonable manner.
And here’s the biggie…
Government Claims must be filed timely. For example, in California there is only six months to file a written claim from the date of your personal injury. If you don’t meet the deadline your case can be dismissed before it begins.
How To Build A Strong Road Case
Evidence doesn’t last long. Departments could repave a stripe or change a sign days after a wreck. Hence, speed is essential.
Here’s what to do:
- Snap pictures immediately: Take photos of the faded lines / missing sign / pothole from multiple angles. Be sure to include something for scale, such as a sneaker or bottle of water.
- Get witness details: Other drivers may have seen the same hazard for weeks.
- Request public records: Maintenance logs, repair requests and previous complaints can establish the agency had notice.
- Prove past crashes occurred there: Previous crashes at the location serve as strong evidence.
- Keep your medical records: These link the crash to your injuries.
Public records matter. Cities across the country are moving to online portals allowing citizens to report potholes or missing stop signs. If an issue was reported and subsequently neglected, that electronic trail could be the deciding factor of your case.
Simple, right?
Well…not necessarily. Government agencies have attorneys as well. They will try to claim that you were speeding or distracted. This is why proper and timely evidence gathering is crucial. The better proof you have, the harder they will have to fight to put blame on you.
Pulling It All Together
Poor road maintenance isn’t just unsightly. Missing signs, faded stripes and broken pavement lead to high-risk roads that endanger every driver, cyclist and pedestrian.
To quickly recap:
- Bad upkeep removes the warnings drivers rely on
- Duty, breach, notice and causation must all be shown
- Notice is usually the hardest part to prove
- California’s six-month claim deadline moves fast
- Photos and public records are your best friends
The reality is most of these crashes are preventable. A little paint, a new sign or a patched hole can mean the difference between life and death. And when those responsible for maintaining public roads don’t do that basic job… the law allows injured drivers to hold them responsible.
Main Image: https://unsplash.com/photos/red-and-black-traffic-sign-UreG3TJEpiQ