Legal Question in Traffic Law in California

Most freeways in California are maintained not by cities but by the California Dept. of Transportation (Caltrans) which is indeed responsible for "dangerous conditions of public property." Their defense would be that the object wasn't there long enough for them to have been able to remediate the problem. File a claim with the Victim Compensation and Government Claims Board within six months; after your claim is rejected (or after the claim goes unanswered for the legal time period) you can only then file a lawsuit. It might be helpful in your lawsuit to subpoena California Highway Patrol reports for that section of freeway for that time period to see when or if another motorist might have made a report. Watch out for short legal time limits and other specialized requirements that apply to claims and lawsuits against public entities in California.

For more information see http://www.dot.ca.gov/damageclaims.htm