Q: A bad car accident resulted in life altering injuries. The insurance of the party at fault is not nearly enough, and we think the intersection is very unsafe. How do we go about making a claim that this dangerous intersection was a key cause of the accident?
-G.M., Fullerton
A: There are data bases that keep track of accidents on various highways and streets in California. For example, the Transportation Injury Mapping System, available on the internet. Word of mouth may be helpful — talking with persons familiar with the location.
Consultation with a qualified expert also is suggested. The expert may have important details about the site, as well be able to evaluate the danger(s) there.
Keep in mind, however, that if a governmental entity maintains or controls the intersection, there is a very limited time frame by which to give notice of your claim. Thus, promptly consulting or hiring a lawyer familiar with these kinds of cases is advisable.
Q: I was on my bike, which flipped over due to a poorly maintained sidewalk. I am told the City “will vigorously defend itself” against my claims (my arm was broken). How can they deny the risky condition there?
-W.H., Torrance
A: One common defense to injuries associated with a defective or dangerous sidewalk is known as the “open and obvious doctrine.” This places responsibility on the injured person if the sidewalk hazard was open, obvious, and easily avoidable.
The city also can claim it did not have notice of the problem (eg., the danger recently arose and the city did not know, nor was it required to check the sidewalk at each and every moment). These are just two of the arguments the city may make to try to deflect liability.
Q: I filed a claim against the county but never heard. It has been over two months. Now what?
-R.W., Cypress
A: Typically, a claim against a government entity is deemed rejected within a specific amount of time (such as 45 days). You can then sue. Note that you likely have a deadline to file your lawsuit within six months from the rejection, whether your claim was actually rejected, or is deemed rejected after a specific passage of time.
Ron Sokol is a Manhattan Beach attorney with more than 35 years of experience. His column, which appears on in print on Wednesdays, presents a summary of the law and should not be construed as legal advice. Email questions and comments to him at RonSEsq@aol.com or write to him at Ask the Lawyer, Daily Breeze, 21250 Hawthorne Blvd., Suite 170, Torrance, CA 90503.
