Legal Question in Personal Injury in California
Can I sue the State of California?
A short time ago, my wife, 19 month old, and myself were involved in a head on car collision on CA Hwy 99 between Pixley and Earlimart. We were going Northbound and were hit by a 15 year old drunk driver who lost control of his car while going Southbound. My wife has a broken collar bone and a bruised tail bone and was not hospitalized. My son was also treated and released for a small scrape. All three of us were wearing seat belts and were driving a mini-van. My son was in a child seat behind me and my wife was seated next to him. My left femur (upper leg) sustained a compound fracture while both my right tibia and fibula (between the ankle and knee) had multiple breaks. I was hospitalized for 17 days and had two major sugeries. I will need to go extensive physical therapy. The van was totaled. This all having being said, my question is this: Can we sue the State of California for not having a guard rail between the two lanes at this portion of the highway when it does provide such railings in other areas? Thanks.
4 Answers from Attorneys
Re: Can I sue the State of California?
I am sorry to hear about this unfortunate incident. Since you and your wife have sustained some very serious injuries, a good personal injury attorney will look at all possible sources of recovery for you, including but not limited to bringing a claim against the responsible public entity, which in this case may be the State of California. These claims are complex and have very strict time deadlines. In addition, these claims often require very qualified and experienced expert witnesses. Please feel free to give me a call at 800-717-1111 for a free consultation or send me an email at jdemas@injury-attorneys. We have handled cases like this and may be able to help you out. Thank you. John Demas
Re: Can I sue the State of California?
I am sorry to hear about your accident. My office handles several roadway design cases against the State each year. At your request,
we can contact the top expert in CA (who we have used in other cases) and determine whether there is potential liability for the failure to install guard rails. Please call me at (714) 835-7000 and I will gladly speak with you about your case. Keep in mind that there are strict timelines which must be complied with when making a claim against a govt. entity (eg: making a claim within 6 months, etc.). Thank you for your question.
Re: Can I sue the State of California?
The short answer to your question is 'Yes', you may sue the State but you must file a claim within 6 months of the accident on behalf of anyone in your vehicle who suffered an injury. There may be other causes of action as well including a possible negligent entrustment claim but there is no doubt that you need to consult with counsel now. Your message does not address where you are from or where the boy who hit you was from and I would suggest that whoever you choose to consult address the question of venue for this case. Certain venues are much more likely to produce a good result. My office too has handled many highway design guardrail cases and we are available to consult with you regarding this matter. Consults are of course free of charge. Feel free to contact us by e mail or phone: 415-544-0115.
Re: Can I sue the State of California?
Sure. But, whether you will recover will depend upon whether there are additional facts from which a jury would conclude that the State was negligent for not having a guard rail there. Was this at night, how was the lighting? Was this on a curve, how much and how was the road banked? The accident should be reconstructed by experts to determine if the state or any other "deep pocket" defendant was negligent and contributed to the occurence of the accident and/or the severityof of the injury. You should retain an attorney convenient to you that will investigate.
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