Victorville, CA asked in Car Accidents and Municipal Law for California

Q: Driving at night there was a right turn lane, but when you move over to enter, a curb sticks out from the sidewalk

It cannot be seen due to it being hit numerous times and blackened by the tires. There are no signs, reflectors or yellow paint to warn drivers.

The officer said that people are hitting this area all the time!

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4 Lawyer Answers

A: If you were hurt, talk to an attorney. You have 6 months to file a Government Claim, as a prerequisite before filing a lawsuit, so don't delay.

Tim Akpinar agrees with this answer

A: I hope you weren't hurt as a result of this condition. But if you do have grounds for a claim, photos would be helpful, particularly ones that evidence how poor lighting compounds the problem. Also be mindful of the short deadlines that my colleagues correctly point out. Good luck

T. Augustus Claus
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Answered

A: You may be able to file a claim against the city or municipality responsible for maintaining the road. In California, cities and municipalities have a duty to maintain their roads in a safe condition. This includes repairing potholes, fixing damaged pavement, and installing proper signage and markings.

James L. Arrasmith
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Answered

A: You should consider whether the lack of warning signs or indicators at the curb constitutes a dangerous condition of public property, potentially making the responsible public entity liable for accidents under California Government Code sections 830-840.6.

If the curb presented a substantial risk of injury when used with due care and the condition was not reasonable, given the practical operation of the public entity, there might be grounds for a claim.

Documentation of the condition, such as the officer's statement and evidence of frequent incidents, could support the claim. The entity may raise defenses, such as trivial defect or design immunity, which you would need to anticipate and counter in any legal action.

It would be crucial to act within the statutory time limits for claims against public entities, which are typically shorter than those for private parties.

Tim Akpinar agrees with this answer

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