A couple has filed a claim against the cities of Irvine and Orange in connection with an Orange County car accident on Santiago Canyon Road alleging that a dangerous roadway condition caused the major injury collision. According to a news report in The Orange County Register, The claim was filed by Juan and Kasandra Canon who say that "known speeding and inadequate sign design and construction" led to the September 16, 2009 crash.


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The crash occurred when Juan Canon was driving south on Santiago Canyon Road about 3,400 feet south of Haul Road. A woman who was driving in the opposite direction swerved as she approached a curve, crossed over the double yellow lines and collided head-on with his car. Kasandra Canon, who was driving in a separate vehicle, saw the collision occur. Canon sustained severe physical injuries in the car accident including hip fractures, head trauma, a broken back and fractured legs, the claim states. His medical expenses reportedly have added up to over $400,000.

Dangerous Roadway Laws

California's Government Code Section 835, a public entity or government agency is liable for personal injury or death because of a condition of public property when the affected party proves that there was a dangerous condition on the public property at the time of the injury or death; that the injury was proximately caused by the dangerous condition; and the dangerous condition created a reasonably foreseeable risk of injury of the kind that occurred.
Government Code Section 835.4 also states that a public entity may absolve itself from liability for creating or failing to remedy a dangerous roadway condition by showing that it would have been too expensive, impractical or unreasonable for the agency to have done anything else but what it did or did not do. In addition, Governmental Code Section 830.4 states that a dangerous condition cannot be the absence of traffic control or warning signs alone.

Liability Issues

If this accident is determined to have been caused as the result of a dangerous condition on the roadway, then the city or governmental agency responsible for maintaining that roadway could be held liable. Canon could then seek compensation to cover medical expenses, cost of hospitalizations or surgeries he had to undergo and other related expenses and damages. Please remember that any such claim against a governmental entity in California must be properly filed within 180 days of the accident and injury. An experienced Orange County personal injury lawyer, who has a successful track record going after such agencies, will be able to guide victims and their families through what can be a complex investigation and legal process.

None of the parties mentioned in this article are represented by us at the time this article was posted. The source of our information is cited in the article. If you were involved in this incident and have questions as to your rights and options, call a reputable law firm for a consultation. Do not act solely upon the information provided herein. The BISNAR | CHASE personal injury law firm will provide free, confidential consultation to "not at fault" persons and their family members if you mention your source was the “Personal Injury Law Journal." They can be reached at 866-456-5235 during California business hours.

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