California’s Dangerous Road Conditions: When the Government Is Liable

Can You Sue the Government for a Dangerous Road?

Not every car accident is caused by another driver. Sometimes the road itself is the culprit — a massive pothole, a missing guardrail, a malfunctioning traffic signal, or a poorly designed intersection. When dangerous road conditions cause your accident, the government entity responsible for maintaining that road may be liable for your injuries. However, suing the government in California involves special rules and extremely tight deadlines.

Types of Dangerous Road Conditions

Government entities in California — including Caltrans, counties, and cities — have a legal duty to maintain roads in a reasonably safe condition. Common dangerous conditions that lead to accidents include potholes, cracked pavement, and uneven road surfaces, missing or obscured road signs and traffic signals, inadequate lighting on highways and intersections, lack of guardrails on curves and cliffs, poorly designed intersections with obstructed sight lines, construction zones without proper warnings or barriers, standing water due to failed drainage systems, and overgrown vegetation blocking visibility.

Government Liability Under California Law

Under Government Code Section 835, a public entity is liable for injuries caused by a dangerous condition of public property if the condition created a reasonably foreseeable risk of the kind of injury that occurred, the entity had actual or constructive notice of the dangerous condition, and the entity had a reasonable time to address the condition but failed to do so.

“Constructive notice” means the condition existed for long enough that the government should have known about it through reasonable inspection. A pothole that has been reported multiple times and existed for months clearly satisfies this requirement.

The Critical Six-Month Government Claim Deadline

This is the most important thing to know: under Government Code Section 911.2, you must file an administrative claim with the responsible government agency within six months of the accident. This is not a lawsuit — it is a prerequisite to filing a lawsuit. If you miss this deadline, your right to sue is generally lost forever. The claim must be filed with the correct agency (city, county, or state) and must contain specific information required by Government Code Section 910.

Proving Your Case

Government road condition cases require thorough investigation. This may include obtaining maintenance records and prior complaints about the road, hiring accident reconstruction experts, documenting the condition with photographs and measurements, reviewing design plans for the road or intersection, and gathering testimony from other drivers who have encountered the same hazard.

Do Not Wait — The Deadline Is Short

If you believe a dangerous road condition caused your accident, contact Smilove & Rosenblum immediately at (800) 300-3226. With only six months to file your government claim, time is of the essence.

Related Resources

• Practice Area: Car Accident Claims
• Practice Area: Bicycle Accidents from Road Hazards
• Practice Area: Motorcycle Accidents from Road Defects
• California Statute of Limitations for Personal Injury
• Multi-Vehicle Pileup Accidents in California