Wednesday, January 4, 2012

Are the streets you are heading on actually with no harm or are they faulty?

By Jancene Pritchard


If the road design defect accidents are thought to once have been due to a upkeep defect then the claim will go into the proper governmental dep. who deals with such issues. These sort of cases are typically (but not always) fairly straight forward, and result in an out of court settlement. If the accident is thought to be as a result of a road design flaw, then this is a different matter and is in no fashion straight forward.

When an attorney registers a claim for an inadequately designed road one of the first things they need to do is to spot the proper government dept who deals with that particular stretch of road. In California this is generally Caltrans (California Transport) but again, not necessarily. Upon identification, and the claim has been filed, the first thing Caltrans will typically do is to throw out the claim.

The reason behind this is that before the stretch of road was built where the accident took place and was at the planning stage, it would've had to have experienced thorough design safety inspections. So before a drop of tarmac would have been laid, the cited road would have been presumed as safe by the authorities.

So how does a lawyer get round the difficulty?

A skilled Los Angeles auto accident lawyer will need to prove that circumstances have changed since the road was built to have caused this accident. One such circumstance might be that there are far more cars and high-traffic on the roads now than formerly, and that traffic has gotten faster.

A very experienced attorney will understand the difficulties of such a law and will know the avenues to take to affect a full and fair compensation package for their customer. This could lead to the customer having the ability to move on with their lives whilst they head towards recovery. The base line is that however complicated you think your case is, there is a skilled team of Los Angeles car accident lawyers who are standing by to take your call.




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