Steep Slope Accidents
Some roads are dangerous because of their steep slopes. While all drivers owe a responsibility to drive safely, even on dangerous roads, some police reports after an accident will note that a driver was at fault even though serious injuries were caused by the steepness and the lack of a guard rail, warning sign, shoulder, visibility, or other safety issues. If you are injured in a steep slope accident, the experienced Los Angeles car accident attorneys at Sharifi Firm may be able to evaluate the factors that contributed to the accident and help you recover damages.Pursuing Compensation for a Steep Slope Accident
Sometimes a negligent driver causes a steep slope accident. For example, if someone is tailgating you on a steep slope, and you need to brake in order to take the slope carefully, resulting in a rear-end collision, it is likely that the fault lies with the other driver. You may be able to recover damages from the other driver by proving a claim for negligence. You will need to show by a preponderance of the evidence that the defendant owed you a duty, the defendant breached this duty, the breach caused your injuries, and you suffered actual damages.
When, for example, a driver is tailgating you on a steep slope, it is likely that a jury will find that they breached their duty to use reasonable care, given the road conditions. It is harder to control a vehicle on a steep slope, and other breaches of the duty by a driver on a grade could include speeding, distracted driving, texting while driving, or eating food while driving.
Sometimes a vehicle rolls over on a steep slope. In such cases, we may investigate whether you have a defective design or crashworthiness claim against the car manufacturer. You may be able to recover damages from a manufacturer under a theory of strict liability or negligence if you can show that the car was defective, such that it rolled over on a steep slope.
Sometimes a steep slope accident is the fault of road design. For example, if there is no guardrail for a steep road down a hillside, one slight shift to the side could result in a car rolling off a cliff. If the road is designed or maintained improperly, and it is a private road, you may be able to hold the owner of the road responsible in a premises liability lawsuit by establishing actual or constructive knowledge of the defective nature of the grade. However, in other cases, the road is public, and you may need to hold a public entity responsible for your injuries.
You only have six months from the date of an accident to file a timely governmental claim. A public entity that owns or controls a steep road is liable for a dangerous condition if the injury was legally caused by the dangerous condition, the condition created a reasonably foreseeable risk of the sort of injury that was suffered, and it was created by a negligent or wrongful act by an employee within the scope of their employment with the public entity, or the public entity had actual or constructive notice of the dangerous condition long enough before the injury to take measures against the dangerous defect.
Sometimes, a steep slope itself may not be a dangerous defect, but it could combine with an uneven road surface, hazardous curves, debris, the lack of a guardrail, poor visibility of a road sign, or the lack of a shoulder recovery area to produce an accident. Each case is different and will require close attention from an experienced attorney.Get Assistance from a Car Accident Attorney in Los Angeles
A steep slope accident can result in significant injuries to victims. At Sharifi Firm, PLC, our motor vehicle collision lawyers can evaluate what happened, retain experts as appropriate, and pursue compensation from the parties responsible for your injuries. Contact us online or call us at 1-866-422-7222. We also represent people in Temecula, San Bernardino, Rancho Cucamonga, Glendale, Covina, and Riverside, among other cities in the Los Angeles region.