Should I get a lawyer for my accident

UPDATED: Oct 2, 2022

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Should I get a lawyer for my accident

I was on the freeway when I merged to the right lane. There was shock absorber
on the road that feel from a truck. High way patrol missed it, it got into my
mom’s leg she is now on crutches and had to stop her chemo treatment. Should
we seek legal help?

Asked on September 20, 2019 under Accident Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

It is unlikely that you have a viable case. Highway patrol is not responsible for the shock absorber UNLESS you can show that someone reported it to them and they did not remove it despite have had a reasonable time to do so. Otherwise, they are not held to the impossible standard of keeping the road perfectly safe since they only have to do what is reasonable--and it it not reasonable to expect them to see and remove every item of road debris. And you can't sue anyone else unless you know whose truck it feel from and could prove that they were careless or at fault in some way, such as by not maintaining the truck properly.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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