An elderly California couple was awarded $11.6 million for the severe injuries they sustained after their car crashed into an embankment. The court found that, while the State Department of Transportation (DOT) had maintained that road in the past, it had neglected that maintenance and was responsible for the couple’s injuries.

Jury finds DOT neglected road

According to an article in the Daily Breeze, www.dailybreeze.com, a couple in their late 70’s was traveling on a deserted road at night to visit their children and grandchildren. The road was unlit and abruptly ended without warning signs or rumble strips. The couple’s car crashed into an embankment and the 79 year old husband broke several bones and was in a coma for over two months. He is now a paraplegic who must use a ventilator to breathe and suffers from neurological damage as well.

The couple sued the DOT and their attorney was able to show that it had maintained the road at one point in time, but had neglected it in recent years. It was also shown that there had been eight reported accidents at the same site in the 21 months prior to the couple’s accident. A jury awarded the couple $11.6 million – most of which will be used for medical care.

Who’s responsible for maintaining roads?

Road maintenance is generally the responsibility of the state, town or county in which the road is located. However, others can also be liable for road accidents such as utility or construction companies that leave equipment on the road without adequate warning. Determining who might be responsible is best left to an attorney whose practice focuses in this area of the law – especially in situations like the one described above that may need to be resolved by trial instead of being settled out of court.

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