California Personal Injury Lawyers Blog
After a fatal crash, families often look to the collision report for answers. The report may describe where the vehicles were and what witnesses saw. It may take a separate investigation to learn whether a broken traffic signal, standing water, or a blocked view contributed to the crash. That distinction matters because a potential claim against a public agency can have a much earlier deadline.
Find out who controlled the stretch of road
Start with the precise location: the direction of travel, nearest cross street or mile marker, and the lane or ramp involved. A road within city limits may be maintained by the city, the county, or the state. At a freeway interchange, different agencies may be responsible for the ramp and the street it meets. A contractor may also have been responsible for signs or lane closures in a work zone.
Ownership and maintenance records can help identify who controlled the specific feature at issue. For example, if a driver struck a pedestrian at an intersection during a signal outage, signal maintenance and outage records could help establish when the problem began, who received reports, and what happened before the collision.
What a dangerous-condition claim requires
California Government Code section 835 sets out the requirements for a dangerous-condition claim involving public property. Among other things, the condition must have created a reasonably foreseeable risk of the kind of harm that occurred and been a proximate cause of the injury. The law also generally requires proof that a public employee acting within the scope of employment negligently or wrongfully created the condition, or that the public entity had actual or constructive notice of the condition in time to take protective measures. Other rules and defenses can apply.
Evidence about driver conduct matters too. If a driver was speeding on a curve where a warning sign was obscured, the investigation may need to reconstruct both the vehicle’s speed and where the sign first became visible. Those facts help explain how the crash happened and which parties may bear responsibility.
Preserve evidence that can change quickly
- Record the location and conditions. Keep any original photos or video, including the timestamps. Note the direction of travel, approximate time, weather, and lighting. Avoid entering traffic lanes or returning to an unsafe location.
- Keep the report number and witness information. Save the investigating agency’s name and any contact details for people who saw the crash or noticed the road condition beforehand.
- Identify cameras promptly. Nearby businesses, vehicles, and public agencies may have footage. Some systems overwrite it quickly. An attorney can help identify who controls the footage and send preservation requests.
- Ask about records that predate the crash. Maintenance logs, service requests, signal records, work-zone plans, and prior complaints may help show what the responsible parties knew and when.
Check the government claim deadline early
Under California Government Code section 911.2, a claim for death against a public entity that is subject to the Government Claims Act generally must be presented within six months after the claim accrues. A written rejection can trigger a separate deadline to file suit. The timing can depend on the facts and how the agency responds, so get the dates checked promptly even if the collision report is pending. The California Courts guide to submitting a government claim explains the claim and lawsuit steps.
Talk with Walch Law about a fatal California crash
If your family has lost someone in a crash and you suspect a road condition contributed, the Law Offices of Gary K. Walch, A Law Corporation can discuss what records may be available, who may be responsible, and which deadlines may apply. Call 866-465-8792 or contact Walch Law for a free consultation.