Legal Question in Traffic Law in California

Billed for damage to guard rail on freeway

Last year I had a tire blow out while driving in the fast lane on the freeway which resulted in my vehicle spinning out and hitting the guard rail head on and then bouncing back into the fast lane. I immediately moved my car onto the shoulder, out of traffic. No other vehicle was involved but my car was totaled. The police, ambulance and fire department arrived. They checked me for injures (none substained), questioned me about what happened and spoke to the man who witnessed to incident, then arranged for my car to be towed. No ticket was issued. Now I recieved a bill from the Department of Transporation in the amount of $1,501.98 for the repair of 100ft of guard rail. It has been almost 1 year since the incident occurred. It is impossible that 100 ft of guard rail was damaged with a head-on single blow impact. Also, the lane itself was full of deep pot holes and littered with large chucks of debris (aphalt, rocks, litter, etc), which I feel is what caused the tire to blow in the first place. I had to pay for the tow truck, a rental car and replace my car, at my own expense. I am liable to pay for the guard rail also? What options do I have to fight it? Do I have any recourse to sue them for my expenses?


Asked on 4/25/06, 5:01 pm

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Billed for damage to guard rail on freeway

You have missed the six month claim deadline for presenting a claim, which you would have to do before filing a lawsuit based on debris, etc. in the roadway against the state or whatever public entity is responsible for the roadway. There is such a thing as a petition to file a late claim, this can be done up to 1 year after the accident, but this is complicated.

As far as the claim against you for damaging the guard rail, you need to turn this over to your auto liability insurance carrier.

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Answered on 5/02/06, 9:45 pm


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