San Bernardino County recently reached a settlement with Lisa Marie Hermann for monetary compensation stemming from a 2007 motorcycle accident in the Mohave Desert. Ms. Hermann was a passenger in the crash, which resulted in permanent head and neck injuries. According to the complaint, the one-vehicle accident was due to dangerous conditions on a poorly maintained roadway, which included a "deep chasm in the road that was uneven and partially collapsed." The driver of the motorcycle, Vanjaymes Tonies, sustained injuries in the crash as well.
In the settlement, the county of San Bernardino did not admit to liability in the accident, but agreed to pay $3 million dollars to settle the lawsuit. Ms. Hermann should receive payment of $1.9 million in compensation for medical bills stemming from the motorcycle accident and $1 million to be paid in monthly installments for the next 25 years. The county also agreed to pay the State Department of Health Care Services $78,811 for Ms. Hermann's medical costs, according to the settlement. San Bernardino county maintains that the road conditions that caused the serious motorcycle accident were due to weather conditions that washed out part of the roadway, which occurred before the county was able to repair the damages or warn motorists of the dangerous conditions.
Municipality's Responsibility for Dangerous Roads
California municipalities have a duty to motorists to keep roads safe for use. In fact, the National Highway Safety Administration (NHSA) and California state have regulations that contain specific standards on road safety. Safety code regulations stringently apply to roadway design, construction and maintenance. Some examples include, when warning signs are required, the acceptable amount of water runoff, and road dimensions such as shoulder width, slope angles and how sharp curves and corners can be.
Failure to comply with safety standards may result in motor vehicle accidents and injuries, for which the government entity may be held liable. Roads may be considered unsafe if they are defective in design, construction, maintenance or failure of the government to adapt to changes in road conditions. Some examples of unsafe road conditions that may cause motor vehicle accidents include:
- Sinking or cave-ins in the road surface
- Numerous accidents on a specific stretch of road
- Erosion and potholes
- Lack of warning signs for dangerous condition
- Failure to replace deteriorated warning signs
- Missing or defective guardrails
- Improper grading or drainage for water run off
- Bends in roads or embankments
- Failure to remove visibility obstructions (like overgrown foliage)
- Sudden dips or uneven pavement
- Exit ramps with sharp turns or curves
These types of dangerous road conditions may cause motor vehicle accidents, often one-vehicle accidents such as a rollover crash and the results for persons involved can be catastrophic. Some common types of injuries due to hazardous road conditions include head trauma, traumatic brain injuries, spinal cord injuries, loss of limb, fractured or broken bones and disfigurement. Many of these injuries require costly ongoing medical treatment and some may even prove permanent.
Unsafe Road Conditions and Accountability
Drivers and passengers of motorcycles, cars and trucks are injured in accidents due to dangerous California roads each year. These types of crashes are often not due to any fault of the motorists involved and are very preventable. Safety regulations are strict, precise and in place for a reason. Following these regulations prevents accidents and helps save lives. Unfortunately, safety regulations are often overlooked, ignored or violated and those responsible for the resulting injuries should be held accountable.
Under some circumstances, the state or municipal government entity responsible for a roadway may be protected by sovereign immunity laws. However, there are exceptions to government immunity laws and unreasonably dangerous road conditions are often considered an exception. The government entity responsible for the construction, control and maintenance of the roadway may be shown to be responsible for the hazardous condition and resulting accident and injuries. An attorney can determine if the situation, which caused an accident, waives sovereign immunity and assist you with your claim.
Accidents caused by poorly maintained roadways or dangerous road conditions can be complex and difficult to prove. For this reason, it is imperative to consult with a California personal injury attorney as soon as possible after your accident. Claims against the government in California have a shorter, 6-month statute of limitations. An attorney can investigate the source of your crash and gather evidence of the accident cause(s). Speak to a lawyer to discuss your case and help hold the municipality responsible for injuries stemming from an inadequately maintained, defectively designed or hazardous roadway.
