You were driving east on I-80 near downtown Sacramento after a week of rain when your front tire dropped into a deep pothole in the right lane. The tire blew, the car swerved into the shoulder barrier, and your shoulder slammed into the door. No other car was involved. The only party you can point to is the agency that maintains the freeway.
That agency is usually the California Department of Transportation, known as Caltrans, and a claim against it is a claim against the State of California. Those claims have their own deadlines, procedures, and legal standards.
Quick answer: A public entity in California can be liable for injuries caused by a dangerous condition of its property under Government Code section 835, if the condition created a reasonably foreseeable risk of the kind of injury that happened and the entity either created the condition or had actual or constructive notice of it in time to fix it. For a defect on a state highway, a written claim must generally be presented to the Department of General Services within six months of the injury under Government Code sections 905.2 and 911.2, with a $25 filing fee or a fee waiver request. If the claim is rejected with written notice, a lawsuit generally must be filed within six months of that notice under Government Code section 945.6.
Key Takeaways
- Defects on state highways are usually the responsibility of the State of California through Caltrans.
- Government Code section 835 requires proof of a dangerous condition, causation, foreseeability, and notice or creation.
- A claim for injury must generally be presented within six months under Government Code section 911.2.
- Claims against the state go to the Department of General Services with a $25 filing fee or a fee waiver request.
- Photographs, measurements, and prior complaints about the defect are critical evidence.
Who Is Responsible for Potholes on California Roads?
It depends on who owns and maintains the road. Interstates, US highways, and state routes, such as I-80, I-5, US-50, and State Route 99 in the Sacramento area, are generally maintained by Caltrans. City streets are usually maintained by the city, and unincorporated county roads by the county. Claims against cities and counties go to that local entity, and our post on suing a city or county for a broken sidewalk explains that process. This post focuses on the state.
What Must I Prove in a Dangerous Condition Claim?
Government Code section 835 requires a plaintiff to establish that:
- The property was in a dangerous condition at the time of the injury.
- The injury was proximately caused by the dangerous condition.
- The dangerous condition created a reasonably foreseeable risk of the kind of injury that occurred.
- Either a public employee's negligent or wrongful act created the condition, or the public entity had actual or constructive notice of it in enough time to have taken measures to protect against it.
What counts as notice?
Under Government Code section 835.2, actual notice means the entity knew about the condition and knew or should have known it was dangerous. Constructive notice means the condition existed long enough and was obvious enough that the entity, using due care, should have discovered it. Evidence about whether a reasonable inspection system would have found the defect is admissible.
That is why prior complaints, maintenance logs, and how long the defect existed often decide these cases.
Are there defenses?
Yes. The design immunity in Government Code section 830.6 can protect a public entity from claims based on an approved plan or design. Minor, trivial defects may not be considered dangerous conditions at all. And a driver's own speed or inattention can reduce recovery under comparative fault.
How Do I File a Claim Against the State?
Claims for money or damages against the state are presented to the Department of General Services through its Government Claims Program, under Government Code section 905.2. Under Government Code section 911.2, a claim for injury to a person or personal property must be presented no later than six months after the cause of action accrues. The claim is treated as presented on the date it is submitted with the $25 filing fee or with a fee waiver request.
The claim should describe the date, place, and circumstances of the incident, the injuries and damages, and the amount claimed or, for larger claims, whether it falls within the jurisdiction of a limited civil case.
If the claim is rejected and written notice is given, a lawsuit generally must be filed within six months after the notice is delivered or mailed under Government Code section 945.6. If no written notice is given, the deadline is generally two years from accrual.
What if I Missed the Six-Month Deadline?
Government Code section 911.4 allows an application for leave to present a late claim, generally within one year of accrual, with reasons for the delay. Approval is not automatic. Do not count on a late claim being accepted.
What Evidence Should I Gather?
- Photos and video of the defect, with something for scale, such as a shoe or tape measure.
- The exact location: highway, direction, lane, and nearest exit or postmile marker.
- Photos of vehicle damage, especially tires and wheels.
- Repair invoices and medical records.
- Names of witnesses and of any tow driver or officer who saw the defect.
- The CHP collision report, if one was taken.
- Any prior complaints. A public records request may reveal whether Caltrans had reports about the same spot.
Our Sacramento accident guide has more on local agencies and reports.
Frequently Asked Questions
Can I get reimbursed for a blown tire from a pothole?
Possibly, through a claim for property damage. The same dangerous-condition rules and six-month deadline apply.
What if the pothole is on a city street in Sacramento?
The claim goes to the City of Sacramento rather than the state, with the same six-month deadline for injury claims.
Do I need to report the pothole?
Reporting it helps others, and a report made before your crash by someone else can help prove notice. Caltrans accepts maintenance reports through its customer service request system.
Can my own insurance pay instead?
Collision coverage typically pays for vehicle damage regardless of fault, minus your deductible. Your insurer may then pursue the state through subrogation.
What if another driver swerved around the pothole and hit me?
You may have claims against both the driver and the public entity. Fault can be divided among them, and the deadlines differ: six months for the government claim and generally two years against the driver. Our post on how long you have to file a personal injury claim in California covers both.
Hurt Because of a Road Defect? Geller Legal Can Help.
Claims against the State of California move on short deadlines and require specific proof. Missing a step can end the claim before it starts.
Geller Legal | Personal Injury Attorneys handles dangerous condition claims against public entities, from the initial government claim through litigation, and investigates notice and maintenance records. Learn more about our California car accident practice.
We serve injured clients throughout California, with offices in Walnut Creek, Oakland, and Los Angeles. If a road defect caused your crash, call us at 213-770-4870 for a free, confidential consultation with Attorney Michael Geller.