Unsafe driveways and curbs can present hidden hazards to both pedestrians and drivers. Potential hazards include:
- Uneven driveways
- Steep exits
- Steep curbs
- Poorly designed road sections
These hazards are often found at locations such as:
- At parking lot entrances
- Near shopping centers
- In residential areas
- Near private institutions
However, property owners do not always provide a reliable level of security for these areas. As a result, cars are damaged and passengers can suffer varying degrees of injury. For more information on highway safety, visit the National Highway Traffic Safety Administration (NHTSA).
Who May be Legally Liable?
In California, as in other states, property owners have a duty to keep their property safe. This applies not only to the interior of buildings, but also to exterior features such as:
- Entrances
- Parking lots
- Curbs
- Driveways
1. Commercial property owners. For example, if a shopping center has a deeply sloped driveway and the bottom of a car scrapes the surface, this could be considered a sign of negligence. Especially if the owner was aware of similar incidents and did nothing. In such a case, he is liable for damages.
2. Private homeowners. Private property owners also have a duty to maintain their driveways in a safe condition. For example, a high or broken curb can cause damage to a car or injury to a pedestrian who falls. If it can be shown that the owner was aware of the problem, but failed to fix it in a timely manner, the owner will be held liable.
To learn more about the liability of property owners for injuries on their property, read Premises Liability article.
What Types of Damage Can Occur?
1. Material Damage. The most common types of damage to cars are:
- Suspension impact
- Tire blowout
- Exhaust system failure
Or other damage caused by contact with curbs or bumps. Repairs can cost the owner thousands of dollars. In addition, the driver may face problems such as:
- Towing
- Temporary loss of vehicle use
2. Personal Injury. Some exits and curbs are so steep or sharp that the vehicle may jerk violently at high speeds. This can cause injury to the occupants. These include:
- Neck injury
- Chest bruising from the seat belt
- Concussion
- Spinal cord injury
In these cases, the injured person can file a claim for medical expenses and lost income. To learn how to proceed in a personal injury case, read Personal Injury article.
What Evidence is Needed to File a Claim?
In order to pursue compensation, it is important to gather evidence that shows that:
- The unsafe condition of the driveway or curb actually existed
- The property owner knew or should have known about the problem
- He or she failed to take timely action to correct the hazard
- It resulted in actual damage or injury
Documentary and Visual Evidence
It is recommended that a photograph be taken of the road or driveway section, especially if it shows:
- Cracks, Fractures
- High curbs
- Potholes
You should also document the damage to your vehicle and obtain medical reports for any injuries. In addition, witness statements and CCTV footage can greatly strengthen your case in court.
Duty to Warn of Hazards
California law requires property owners to either remove or warn of hazards. This can be done through measures such as:
- Brightly colored markings
- Reflective signs
- Temporary barriers
Implementing these safety measures can help reduce a property owner’s liability. However, if no action is taken, the injured party has the right to seek damages through a lawsuit.
Time Limits for Filing a Claim
It is important to remember that there is a statute of limitations for personal injury and tort claims. In California, the standard deadline is two years from the date of the accident. However, if a government entity is involved, the time period is shorter, with only 6 months to file a preliminary notice of intent to sue. For more information on the statute of limitations for filing a lawsuit in California, you can refer to the resource California Statutes – Statute of Limitations.
Public Entity Liability
If the incident occurred on a city street or building, the victim may need to file a claim against the government entity. Such cases are governed by separate laws, including the California Government Claims Act. It is important to note that special procedures, deadlines, and rules of evidence apply to such claims.
Potential Compensation
Victims may be able to recover for the following damages:
- The cost of repairing the vehicle
- Medical expenses
- Lost income
- Pain and suffering
- Loss of earning capacity
In cases of serious injury or permanent disability, the amount of compensation can be very significant. However, it is important that the case is legally sound.
How KAASS LAW Can Help?
The law firm of KAASS LAW has extensive experience in representing clients. Our attorneys can help you:
- Gathering evidence and conducting investigations
- Identify responsible parties
- Prepare and file a claim
- Seek maximum compensation
If an unsafe driveway, curb, or road bump injured you or a loved one, contact a lawyer right away. Timely action increases the chances of a successful outcome. Call 844-522-7752 for free consultation.