Responsible for managing the state’s highway networks, including freeway and expressway, Caltrans is an executive California Department of Transportation. California is home to a massive and highly complex transportation system in the United States which is why there is a need for a government organization to monitor the conditions of its roadways.
The pressure on the employees working to ensure that the transportation system continues to operate without hiccups is paramount. However, that is not always the case. Mistakes and human negligence can set the stage for devastating accidents resulting in catastrophic injuries to motorists, motorcyclists, truckers, pedestrians, and others.
CALC, personal injury attorneys have recovered over $300 million in compensation for our injured clients. Whether freight-related accidents, car accidents, or others, our attorneys have the resources, expertise, and knowledge to pursue a government claim or lawsuit against the California Department of Transportation.
We can help you connect with a lawyer who can obtain a sufficient recovery from your serious injuries. Contact us now for a free case evaluation.
How Might Cal Trans Be Responsible for Your Injuries?
The following are some situations that can result in a Caltrans accident in Los Angeles or anywhere in California for which they may be responsible.
Poorly Maintained Roads
Caltrans is responsible for maintaining the roads and highways under its jurisdiction. The proposed budget for Caltrans for 2022-2023 is over $20 billion, a 15.5% increase from the current fiscal year 2021-2022 budget. Caltrans must use the allocated budget to ensure that the roads are reasonably safe for vehicles and pedestrians.
California Highway Patrol alerts Caltrans on potential hazards they must correct in a “reasonable” period. The state is among the top 5 to have the most pothole complaints, and these serious road obstacles are a hazard for motorcycles and other vehicles that result in accidents.
Besides potholes, some roads are just designed poorly. For example, in 2012, an ex-UCLA football player was riding his motorcycle on the Pacific Coast Highway when he got into an accident because of line-of-sight problems on the road, which Caltrans did not warn the citizens about. After a six-week trial, the jury awarded the ex-football player $35 million for his injuries.
Failing to take action and remove potential hazards of their transportation network makes Caltrans responsible for any accidents or injuries caused.
Poorly Secured Caltrans Repair Vehicles
Large Caltrans trucks on the highways often transport construction equipment, steel cables, and even toxic chemicals.
Failing to secure the load properly can increase the risk of multi-vehicle accidents and serious injuries.
Lack of Training
Caltrans repair vehicles are massive, and an inexperienced driver or lack of training can result in a highway or street collision.
Caltrans is responsible for ensuring all its drivers receive the necessary training and understand the standard safety protocols to operate their vehicles safely. A Caltrans vehicle colliding with light passenger cars can result in a devastating accident.
Missing Manhole Covers
California roads are in deteriorating condition. You’ll come across manholes that aren’t even covered. Manholes without covers seriously threaten pedestrians, motorcyclists, and even cars.
A pedestrian can fall straight to their death, or a driver can hit an open manhole and lose control resulting in a car accident.
Types of Injuries and Damages Resulting from Caltrans Negligent Failure
Many types of injuries and damages can occur from your accident.
Here are some of the most common ones:
- Property damage (damaged windshield, tires, and other vehicle components)
- Head injuries
- Brain injuries
- Eye injuries (often blindness from flying objects)
- Broken bones
- Hearing loss
- Lacerations and bruises
- Central nervous system shock
- Wrongful death.
California Tort Claims Act – Sovereign Immunity to the State
California Tort Claims Act (CTCA) protects the state government from liability arising from public entities or employees. However, the law carves out certain exceptions, allowing injured victims a limited opportunity to bring a claim. For these exceptions, accident victims must go through a strict Caltrans claims procedure which can quickly derail a case from going forward.
When Can Caltrans Be Held Responsible?
Caltrans is responsible for negligent acts by its city employees if they acted within the scope of their employment or were carrying out a government function.
Injured victims can sue Caltrans for injuries arising from accidents due to an independent contractor acting within the scope of their assigned duties or carrying out a government function.
A government agency, such as Caltrans, is responsible under CTA for fulfilling its legal duty. For example, if the California Highway Patrol had already notified Caltrans about a potential hazard and failed to fix it, they are responsible for any accidents arising from Caltrans negligence.
Filing Claims under the California Tort Claims Act for Caltrans Negligence
The claims procedure against a government agency such as Caltrans is much different than how you would typically handle a personal injury claim.
For claims under $10,000 or less damage, victims must fill up a form LD-0274, Claim Against Department of Transportation for Amounts $10,000 or Less and send it with the necessary documents to Caltrans District Claims Office.
The process is a bit different for claims above $10,000 in damage. The injury victim must give Caltrans a notice of their claim in the form of a letter and officially request them a claim form.
What Information Does My Caltrans Claim Have to Include?
An injured victim’s claim against Caltrans must include the following information:
- Your name and address.
- Post office address where you would like notices sent.
- The date and circumstances of the accident.
- General description of injury or loss.
- Name of the public employee(s) causing the injury/damage.
- For claims with damages below $10,000, the claimant must mention the amount claimed. For claims over $10,000, claimants must not disclose the amount claimed but must indicate whether the claim is a limited civil case.
Failing to mention all the necessary details in the claim can invalidate it. Reaching out to our experienced personal injury attorney to help you with the claims process is crucial.
What Is a Limited Civil Case?
Injured victims must mention whether or not their claim is a limited civil case if they’re incurring damages over $10,000.
A limited civil case is when a claimant seeks less than $25,000 and is not asking for the following:
- Permanent injunction
- Enforcement of order under Family Code
- An action for declaratory relief.
Before filing a claim, it is vital to speak to an attorney. Most injured victims tend to undervalue their cases without considering all the necessary damages, such as follow-up care, long-term medical treatment, and more.
Asking for much less than your case might be worth can result in out-of-pocket expenses for an accident that wasn’t even your fault.
How Long Do I Have to File a Claim for My Serious Injury Against Caltrans?
For personal injury claims against individuals or private organizations, injured victims typically have two years following the date of the accident to file a claim. However, the deadline for filing a claim against government agencies is not the same.
Injured victims have six months following the date of injury to file a notice of claim with Caltrans for a personal injury, wrongful death, or personal property damage. In certain situations, such as medical malpractice cases, the 6-month period may not begin until the plaintiff discovers their injuries.
For breach of contract, damage to real property, and equitable estoppel, claimants have one year to file a claim following the incident.
What Should I Do After Filing a Claim Against Caltrans?
After properly filing a claim with Caltrans, the transportation organization has 45 days to respond. Caltrans will either have to accept your claim or reject your claim after carrying out an investigation.
If Caltrans rejects your claim, they must notify you in writing, also referred to as a “right to sue letter,” meaning you can decide to sue Caltrans for rejecting your claims. Under California Government Code § 945.6, you have six months following the receipt of a written notice to pursue the matter in court.
If Caltrans fails to respond to your claim within 45 days, you have two years to file a lawsuit.
Will Caltrans Accept My Late Claim?
Late claims without qualifying reasons are automatically rejected. However, a government agency may accept a late claim in certain circumstances, including:
- Mistake/excusable neglect
- During the six-month window, the claimant was a minor
- Mental or physical limitations
- Claimant’s death.
Although the requirements for claims are pretty strict, they are even more when filing late claims. However, with the help of a qualified attorney, you may have a better chance of securing compensation.
What Are the Elements I Need to Prove for a Successful Claim?
To have a successful claim against Caltrans, you must prove the following:
- A road was defected, or it created an unreasonable risk of harm.
- An entity was in charge of the road that resulted in damages.
- The entity received a notice about the condition of the road or potential hazard, and they did not take corrective measures within a reasonable amount of time.
- The road’s unsafe or defective condition directly resulted in injuries.
It can be very challenging for injured victims to pursue a claim against government entities, including Caltrans, due to the stringent requirements arising from sovereign immunity these agencies enjoy.
Our Cal Trans accident attorneys have the experience you need to obtain maximum compensation for your injuries.
Schedule a Free Consultation with an Experienced CALC Personal Injury Lawyer
If you or your loved ones suffered a serious injury due to Caltrans or its employee’s negligence, contact us for a free consultation with one of our volunteer legal experts.
CALC is recognized for listing attorneys famous for maintaining a strong and professional attorney-client relationship, protecting their client’s rights, and aggressively negotiating on your behalf with the defendant’s attorney to achieve maximum recovery for the injuries suffered.
Our law firm referral group operates in Los Angeles and San Diego, with lawyers maintaining hundreds of locations across California. Contact us now for more information on how we can help you and your loved ones following your Caltrans accident.
Responsible for managing the state’s highway networks, including freeway and expressway, Caltrans is an executive California Department of Transportation. California is home to a massive and highly complex transportation system in the United States which is why there is a need for a government organization to monitor the conditions of its roadways.
The pressure on the employees working to ensure that the transportation system continues to operate without hiccups is paramount. However, that is not always the case. Mistakes and human negligence can set the stage for devastating accidents resulting in catastrophic injuries to motorists, motorcyclists, truckers, pedestrians, and others.
CALC, with help from our personal injury attorneys has recovered over $150 million in compensation for our injured clients. Whether freight-related accidents, car accidents, or others, our attorneys have the resources, expertise, and knowledge to pursue a government claim or lawsuit against the California Department of Transportation.
We can help you obtain sufficient recovery for your serious injuries. Contact us now for a free case evaluation.
How Might Cal Trans Be Responsible for Your Injuries?
The following are some situations that can result in a Caltrans accident in Los Angeles or anywhere in California for which they may be responsible.
Poorly Maintained Roads
Caltrans is responsible for maintaining the roads and highways under its jurisdiction. The proposed budget for Caltrans for 2022-2023 is over $20 billion, a 15.5% increase from the current fiscal year 2021-2022 budget. Caltrans must use the allocated budget to ensure that the roads are reasonably safe for vehicles and pedestrians.
California Highway Patrol alerts Caltrans on potential hazards they must correct in a “reasonable” period. The state is among the top 5 to have the most pothole complaints, and these serious road obstacles are a hazard for motorcycles and other vehicles that result in accidents.
Besides potholes, some roads are just designed poorly. For example, in 2012, an ex-UCLA football player was riding his motorcycle on the Pacific Coast Highway when he got into an accident because of line-of-sight problems on the road, which Caltrans did not warn the citizens about. After a six-week trial, the jury awarded the ex-football player $35 million for his injuries.
Failing to take action and remove potential hazards of their transportation network makes Caltrans responsible for any accidents or injuries caused.
Poorly Secured Caltrans Repair Vehicles
Large Caltrans trucks on the highways often transport construction equipment, steel cables, and even toxic chemicals.
Failing to secure the load properly can increase the risk of multi-vehicle accidents and serious injuries.
Lack of Training
Caltrans repair vehicles are massive, and an inexperienced driver or lack of training can result in a highway or street collision.
Caltrans is responsible for ensuring all its drivers receive the necessary training and understand the standard safety protocols to operate their vehicles safely. A Caltrans vehicle colliding with light passenger cars can result in a devastating accident.
Missing Manhole Covers
California roads are in deteriorating condition. You’ll come across manholes that aren’t even covered. Manholes without covers seriously threaten pedestrians, motorcyclists, and even cars.
A pedestrian can fall straight to their death, or a driver can hit an open manhole and lose control resulting in a car accident.
Types of Injuries and Damages Resulting from Caltrans Negligent Failure
Many types of injuries and damages can occur from your accident.
Here are some of the most common ones:
- Property damage (damaged windshield, tires, and other vehicle components)
- Head injuries
- Brain injuries
- Eye injuries (often blindness from flying objects)
- Broken bones
- Hearing loss
- Lacerations and bruises
- Central nervous system shock
- Wrongful death.
California Tort Claims Act – Sovereign Immunity to the State
California Tort Claims Act (CTCA) protects the state government from liability arising from public entities or employees. However, the law carves out certain exceptions, allowing injured victims a limited opportunity to bring a claim. For these exceptions, accident victims must go through a strict Caltrans claims procedure which can quickly derail a case from going forward.
When Can Caltrans Be Held Responsible?
Caltrans is responsible for negligent acts by its city employees if they acted within the scope of their employment or were carrying out a government function.
Injured victims can sue Caltrans for injuries arising from accidents due to an independent contractor acting within the scope of their assigned duties or carrying out a government function.
A government agency, such as Caltrans, is responsible under CTA for fulfilling its legal duty. For example, if the California Highway Patrol had already notified Caltrans about a potential hazard and failed to fix it, they are responsible for any accidents arising from Caltrans negligence.
Filing Claims under the California Tort Claims Act for Caltrans Negligence
The claims procedure against a government agency such as Caltrans is much different than how you would typically handle a personal injury claim.
For claims under $10,000 or less damage, victims must fill up a form LD-0274, Claim Against Department of Transportation for Amounts $10,000 or Less and send it with the necessary documents to Caltrans District Claims Office.
The process is a bit different for claims above $10,000 in damage. The injury victim must give Caltrans a notice of their claim in the form of a letter and officially request them a claim form.
What Information Does My Caltrans Claim Have to Include?
An injured victim’s claim against Caltrans must include the following information:
- Your name and address.
- Post office address where you would like notices sent.
- The date and circumstances of the accident.
- General description of injury or loss.
- Name of the public employee(s) causing the injury/damage.
- For claims with damages below $10,000, the claimant must mention the amount claimed. For claims over $10,000, claimants must not disclose the amount claimed but must indicate whether the claim is a limited civil case.
Failing to mention all the necessary details in the claim can invalidate it. Reaching out to our experienced personal injury attorney to help you with the claims process is crucial.
What Is a Limited Civil Case?
Injured victims must mention whether or not their claim is a limited civil case if they’re incurring damages over $10,000.
A limited civil case is when a claimant seeks less than $25,000 and is not asking for the following:
- Permanent injunction
- Enforcement of order under Family Code
- An action for declaratory relief.
Before filing a claim, it is vital to speak to an attorney. Most injured victims tend to undervalue their cases without considering all the necessary damages, such as follow-up care, long-term medical treatment, and more.
Asking for much less than your case might be worth can result in out-of-pocket expenses for an accident that wasn’t even your fault.
How Long Do I Have to File a Claim for My Serious Injury Against Caltrans?
For personal injury claims against individuals or private organizations, injured victims typically have two years following the date of the accident to file a claim. However, the deadline for filing a claim against government agencies is not the same.
Injured victims have six months following the date of injury to file a notice of claim with Caltrans for a personal injury, wrongful death, or personal property damage. In certain situations, such as medical malpractice cases, the 6-month period may not begin until the plaintiff discovers their injuries.
For breach of contract, damage to real property, and equitable estoppel, claimants have one year to file a claim following the incident.
What Should I Do After Filing a Claim Against Caltrans?
After properly filing a claim with Caltrans, the transportation organization has 45 days to respond. Caltrans will either have to accept your claim or reject your claim after carrying out an investigation.
If Caltrans rejects your claim, they must notify you in writing, also referred to as a “right to sue letter,” meaning you can decide to sue Caltrans for rejecting your claims. Under California Government Code § 945.6, you have six months following the receipt of a written notice to pursue the matter in court.
If Caltrans fails to respond to your claim within 45 days, you have two years to file a lawsuit.
Will Caltrans Accept My Late Claim?
Late claims without qualifying reasons are automatically rejected.
However, a government agency may accept a late claim in certain circumstances, including:
- Mistake/excusable neglect
- During the six-month window, the claimant was a minor
- Mental or physical limitations
- Claimant’s death.
Although the requirements for claims are pretty strict, they are even more when filing late claims. However, with the help of a qualified attorney, you may have a better chance of securing compensation.
What Are the Elements I Need to Prove for a Successful Claim?
To have a successful claim against Caltrans, you must prove the following:
- A road was defected, or it created an unreasonable risk of harm.
- An entity was in charge of the road that resulted in damages.
- The entity received a notice about the condition of the road or potential hazard, and they did not take corrective measures within a reasonable amount of time.
- The road’s unsafe or defective condition directly resulted in injuries.
It can be very challenging for injured victims to pursue a claim against government entities, including Caltrans, due to the stringent requirements arising from sovereign immunity these agencies enjoy.
Our Cal Trans accident attorneys have the experience you need to obtain maximum compensation for your injuries.
Schedule a Free Consultation with an Experienced CALC Personal Injury Lawyer
If you or your loved ones suffered a serious injury due to Caltrans or its employee’s negligence, contact us for a free consultation with one of our volunteer legal experts.
CALC is recognized for listing attorneys famous for maintaining a strong and professional attorney-client relationship, protecting their client’s rights, and aggressively negotiating on your behalf with the defendant’s attorney to achieve maximum recovery for the injuries suffered.
Our law firm referral group operates in Los Angeles and San Diego, with lawyers maintaining hundreds of locations across California. Contact us now for more information on how we can help you and your loved ones following your Caltrans accident.