Frequently Asked Questions about California Highway Design Law

In California, what is the standard for safety in highway design and maintenance?

The State of California requires all cities, counties, the state itself, and other public entities that maintain roads to keep our roadways reasonably safe. The underlying philosophy of this law is that if the public entities are held responsible for dangerous conditions of roadways, they will act to keep the roadways safe and thereby minimize serious injuries or deaths.

What are the rights of the injured when the condition of the roadway contributed to the accident?

California law states that if a public entity’s failure to design, build and maintain a safe road contributed to the accident, you may seek damages.

If a dangerous roadway contributed to an injury, what is time the limit for filing claims?

If you believe that highway design defects contributed to your injuries or your loved one’s injuries or death, you should contact an attorney immediately for review of a potential claim. There are deadlines set by laws which regulate the filing of lawsuits, called statutes of limitation. These vary state by state. In California, a claim against a public entity must be filed within six months of the event. If the statute of limitations expires, your right to pursue a claim against the entity may be forever barred.

What is the largest single category of highway deaths?

The leading category of highway deaths is a single vehicle running off the road and crashing. Simple improvements in roadway design and maintenance can prevent many such deaths. These design changes include rumble strips, providing a clear recovery zone, the removal of roadside hazards such as poles and trees, skid-resistant pavements, and more reflective signs.

Do I have a right to compensation for loss of earning capacity if my injury is a result of a dangerous roadway condition?

Casey Gerry's San Diego highway design attorneys will help you with your right to recover your loss of earnings or loss of earning capacity. If you earn a regular salary, and for example, because of your injury you miss several months of work, you are entitled to be reasonably compensated for the entire loss of earnings from the time of your injury until you are able to return to full time work.