In today’s world, you have to be careful of a lot of things in order to avoid injury. Being alert on the roads is one way to be careful, as car accidents are one of the most common causes of death in the United States. Additionally, you have to be aware of your surroundings while driving at all times. Many people are careful, but what happens when dangerous conditions on a roadway cause accidents, and what if it’s the government’s fault?

In the case of Torres v. State of Cal.., Ivan Torres was a passenger in a vehicle driven by Joel Sanchez Sosa. While the duo were traveling southbound on US 101, Sosa had allegedly fallen asleep at the wheel and proceeded to drift off the road. This caused their car to go down a steep embankment, resulting a single car accident. Sosa was killed and Torres suffered severe injuries as a result.

Torres suffered a traumatic brain injury among his other physical and mental injuries that had occurred as a result of this accident. It was believed that even though Sosa fell asleep at the wheel, if the steep embankment were not there, then Sosa may still be alive. Torres sued the State of California, alleging liability for a dangerous condition of public property, arguing that the presence of rumble strips and a guardrail could have prevented the incident.

The State of California tried to motion for summary judgment based on an immunity argument, but the court denied their motion. The parties would end up settling for $3 million.

If you or a loved one have been affected by an accident or death, contact an experienced personal injury attorney at Hurst Limontes, LLC. We have decades of combined experience fighting for our clients in any number of personal injury claims. Call 317-636-0808 or email us for a FREE and confidential consultation.