The short answer
If a dangerous road condition on public property caused your crash, you may be able to bring a claim against the responsible public entity. California generally requires a written government claim within six months of the incident before you can sue, so the deadline is much shorter than for most injury cases. Act quickly to protect your rights.
Most crashes are blamed on drivers, but sometimes the road itself is the problem. A deep pothole, a missing stop sign, a faded lane marking, a traffic signal that fails, a street with no lighting, a drainage problem that floods a lane, or a poorly marked construction zone can turn an ordinary drive into a serious crash. In Los Angeles, many of these roads belong to a city, a county, the state, or another public agency.
When a dangerous condition of public property causes an injury, California law can allow a claim against the public entity that owns or controls the property. These claims are very different from a standard car-accident claim. They have special rules about what must be proven, strict notice requirements, and defenses that private defendants do not have. A claim often depends on showing that the condition created a substantial risk of injury and that the agency knew, or should have known, about it in time to fix or warn of it.
The most important thing to understand is the deadline. Before you can sue a public entity, California generally requires you to present a written government claim, and for injury claims that is generally within six months of the incident. Missing that window can end a valid case. A petition for late-claim relief is sometimes possible, but it is not guaranteed. If you think a road condition played a part in your crash, please do not wait.
Our founding attorneys spent years in injury-law and inside insurers, so we know how public-entity claims are investigated and defended. Your consultation is free and confidential, and you pay no attorney's fee unless we recover compensation for you.
From the other side of the table
How public agencies defend road-condition claims
The notice argument
An agency will often argue it did not know about the hazard, or did not have enough time to fix it. We look for prior complaints, earlier crashes, and maintenance records that show what the agency knew or should have known.
Design immunity
If the road was built according to a plan the agency approved, the agency may claim design immunity as a defense. This defense has requirements of its own and is not automatic, so we examine the plan, the approval, and whether conditions have changed.
Blaming the driver
Agencies and their insurers often say the driver was speeding, distracted, or should have seen the hazard. We answer with scene evidence, reconstruction, and the facts showing the road was unsafe even for careful drivers.
Repairs that erase the evidence
Once a hazard is fixed or patched, the evidence of how it looked may vanish. We act quickly to document the scene, request records, and preserve proof of what the condition looked like.
Why it happens
Common causes
Potholes and damaged pavement
Deep holes, cracks, uneven surfaces, and broken edges can cause a driver to lose control, blow out a tire, or throw a motorcycle or bicycle rider to the ground.
Missing, hidden, or faded signs and markings
A stop sign blocked by vegetation, a faded crosswalk, or lane lines that cannot be seen at night can leave drivers without the warning they need.
Broken or poorly timed traffic signals
Signals that malfunction, show conflicting lights, or are out of service without proper warning can lead to serious intersection crashes.
Poor lighting
Dark roads, crossings, and intersections make it harder to see pedestrians, cyclists, and hazards in time to react.
Bad drainage and standing water
Poorly designed or clogged drainage can leave water, mud, or debris on the road and cause hydroplaning or loss of control.
Construction zones
Unclear lane shifts, missing barriers, inadequate signs, and uneven surfaces in work zones can cause crashes for drivers, cyclists, and pedestrians.
Defective road design
Sharp curves without warning, blind intersections, poor sight lines, and missing guardrails can make a road dangerous even when drivers act carefully.
What we see
Injuries we handle
What you may recover
Compensation in a California claim
Medical expenses
Emergency care, surgery, hospital stays, therapy, and future treatment. Past medical damages are generally limited to the amounts paid or incurred, and we account for that when valuing your claim.
Lost income and earning capacity
Wages lost while you recover and, if your injuries limit your future work, the reduced ability to earn.
Pain and suffering
The physical pain, emotional distress, and loss of enjoyment of life caused by the crash.
Vehicle and property damage
Repair or replacement of your vehicle, and personal property damaged in the crash.
Long-term care and disability
Home care, equipment, modifications, and other long-term needs when injuries are permanent.
Wrongful death damages
When a dangerous road condition contributes to a death, eligible family members may be able to seek recovery for their losses.
The rules that apply
California law you should know
Dangerous condition of public property
A public entity may be responsible when a dangerous condition of its property caused the injury, the condition created a foreseeable risk, and the entity had notice of it or created it. The details matter.
Government Code § 835
Government claim within six months
For injury claims against a public entity, a claim generally must be presented within six months of the incident.
Government Code § 911.2
Claim before you sue
You generally cannot sue a public entity until a written claim has been presented and acted on or rejected.
Government Code § 945.4
Late-claim relief
If the deadline has passed, a petition for relief may be possible in some circumstances. It is not guaranteed.
Government Code § 946.6
Design immunity is a defense
A public entity may raise design immunity if the condition came from an approved design. It is a defense with its own requirements, not an automatic bar.
Government Code § 830.6
Public records requests
California's Public Records Act gives the public a way to request records from agencies, which can help show prior complaints and maintenance history.
Government Code § 7920.000 et seq.
General information, not legal advice. Deadlines and rules depend on the facts of your case, so talk to an attorney promptly.
Right now
Protect your claim
Evidence to gather
- Photos and video of the hazard from several angles, taken before any repair
- The exact location, such as the address, cross streets, or nearby landmarks
- The police or CHP collision report number
- Names and contact information for any witnesses
- Photos of your vehicle, your injuries, and any damaged tires or equipment
- Prior complaints and 311 reports about the hazard, if you can find them
- Maintenance records, repair logs, and earlier crash reports obtained by public records request
- Medical records, bills, and proof of missed work
Mistakes insurers count on
- Waiting past the six-month government claim deadline
- Letting the hazard be repaired before it is photographed and documented
- Assuming the road condition is the driver's fault or not worth mentioning
- Giving a recorded statement to an agency or insurer without advice
- Failing to record the exact location of the hazard
- Posting about the crash on social media
Step by step
How we handle your case
- 1
Free consultation and quick deadline check
We listen, explain your options, and immediately identify the likely deadlines, because a government claim may be needed within six months.
- 2
Document the scene right away
We photograph and video the location, measure the hazard, and record the conditions before any repair or change erases them.
- 3
Identify who owns and controls the road
Roads can belong to a city, county, state, or another agency, or be in a work zone run by a contractor. We determine the correct entity to put on notice.
- 4
Request records
We use public records requests and other tools to obtain maintenance logs, prior complaints, earlier crash reports, and design plans.
- 5
Present the government claim
We prepare and present the required government claim on time, and evaluate late-claim options if the period has already passed.
- 6
Negotiate or file suit
We negotiate with the agency and its claims administrator and, when needed, file suit and prepare the case for trial.
From the Case Vault
Related results
Past results do not guarantee a similar outcome. Every case is different and must be evaluated on its own facts.
Straight answers
Frequently asked questions
In some cases, yes. California law can allow a claim against a public entity when a dangerous condition of its property caused an injury. These claims have special rules and strict notice requirements, so it is important to speak with a lawyer early.
Premises Liability