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Evidence Guide
Road Defect Accident Evidence | Attorney Raffi Naljian
Road defects like potholes, uneven pavement, and missing signs can cause serious accidents. Attorney Raffi Naljian explains what evidence is needed to pursue claims against government entities or contractors responsible for dangerous road conditions. These claims have special rules and short deadlines.
Injured by a road defect?
Raffi Naljian
California Personal Injury, Litigation & Criminal Defense Attorney
Raffi Garabed Naljian is an active California attorney listed under State Bar #238919. The State Bar profile lists personal injury, litigation, criminal law, and business law among his self-reported practice areas, and Naljian Law Offices describes a Glendale practice handling criminal defense and civil litigation, including personal injury matters.
View Full ProfileIs This the Right Attorney for Your Case?
Road defect cases against government agencies require specific procedures and evidence. Raffi Naljian understands the requirements for these claims and can help you navigate the process within the short deadlines that apply. Also searched as: Rafi Nanaljian, Raffi Nalian, Rafi Naljian.
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What to Do Next
- 1Document the road defect immediately with photos
- 2Measure the defect if safely possible
- 3Note the exact location precisely
- 4Report the defect to the responsible agency
- 5Get witness statements
- 6Preserve your vehicle for inspection
- 7Act quickly—government claim deadlines are short
- 8Consult an attorney immediately
Evidence Checklist
- Photos of the road defect with scale reference
- Exact location (address, GPS coordinates)
- Measurements of pothole/defect size
- Photos of your vehicle damage
- Prior complaints about this defect
- Maintenance records for the road
- Police report if available
- Witness statements
- Your vehicle for inspection
Government claims have short time limits.
Common Mistakes to Avoid
- Not photographing the defect immediately
- Failing to get precise location
- Waiting too long—defects get repaired
- Missing the 6-month government claim deadline
- Not researching prior complaints
- Repairing vehicle before inspection
- Assuming government immunity bars all claims
How the Process Typically Works
1
Immediate Documentation
Photo/measure defect before repair
2
Government Claim (6 months)
File required claim with agency
3
Investigation
Research prior complaints, maintenance
4
Response Period
Agency has 45 days to respond
5
Litigation if Needed
File lawsuit if claim denied
Damages You May Be Able to Recover
- •Medical expenses for injuries
- •Vehicle repair or replacement
- •Lost wages
- •Pain and suffering
- •Future medical care
- •Motorcycle damage for riders
Frequently Asked Questions
What are the deadlines for road defect claims?
Claims against government entities in California typically must be filed within 6 months of the accident—much shorter than the standard 2-year statute of limitations.
Who is responsible for road maintenance?
Depending on the road, responsibility may fall on the city, county, state (Caltrans), or federal government. Private roads may be the responsibility of property owners or associations.
What if the pothole is repaired before I can document it?
This makes the case more challenging but not impossible. Prior complaints, maintenance records, and other evidence may still support your claim.
Can I sue the government for road conditions?
Yes, but special rules apply. Government entities may have immunity for some claims, and strict procedural requirements must be followed.
What constitutes a dangerous road defect?
Potholes, uneven pavement, missing or obscured signs, inadequate guardrails, standing water, and debris can all constitute dangerous conditions.
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Important Disclosures
Attorney Advertising. This website is designed for general information only. The information presented at this site should not be construed as formal legal advice nor the formation of a lawyer/client relationship. Prior results do not guarantee a similar outcome. No attorney-client relationship is formed by viewing this website or submitting a contact form. Results vary based on the specific facts and circumstances of each case.