Rainwater pooling on the road creating hazards in California personal injury case

In a California personal injury case involving rainwater pooling on the road, several legal issues come into play, especially regarding government liability, driver negligence, and premises liability. Here’s how such a case would typically be analyzed:

🌧 Legal Overview: Rainwater Pooling & Personal Injury

đź’ˇ Core Legal Claim: Negligence

To win a personal injury case, you must prove:

  1. Duty of care was owed to you.
  2. That duty was breached (e.g., poor road design or failure to warn).
  3. The breach caused your injury.
  4. You suffered damages as a result.

🚧 Common Liability Scenarios

1. Public Roadway — Government Liability

If water pooled due to poor drainage, road design, or lack of maintenance, you may have a case against a public entity (e.g., Caltrans, a city, or county).

Under California Government Code § 835, a public entity can be liable for a dangerous condition of public property if:

  • The condition created a substantial risk of injury when used with reasonable care;
  • The public entity knew or should have known about it;
  • The entity failed to fix it or warn users.

Examples:

  • A dip in the road that regularly floods during rain.
  • A clogged storm drain known to cause water buildup.
  • No warning signs in an area that routinely floods.

đź•’ Important: Government claims must be filed within 6 months of the injury.

2. Driver Negligence

Even in bad weather, drivers are expected to:

  • Adjust speed and behavior to road conditions.
  • Avoid hydroplaning, tailgating, or making unsafe turns.

A driver who loses control in pooled water or fails to avoid it could be held negligent.

3. Private Property / Business Driveways

If the accident occurred on private property (like a parking lot, driveway, or business access road), the property owner may be liable under premises liability if:

  • The drainage was poorly designed or maintained.
  • The water pooled where pedestrians or drivers were reasonably expected.

🧾 Evidence to Support Your Claim

To strengthen your case, gather:

  • Photographs or video of the pooled water and accident site
  • Weather data showing rainfall totals
  • Witness statements
  • Accident report from law enforcement
  • Maintenance records (for drains or roadways)
  • Expert reports (e.g., civil engineer, accident reconstructionist)

⚖️ Comparative Fault in California

California uses pure comparative negligence:

  • If you’re partially at fault, you can still recover damages, reduced by your share of fault.
  • Example: If you were speeding in the rain and hit a flooded area, a court might find you 30% at fault — so you could recover 70% of your damages.

✅ What To Do If You’ve Been Injured

  1. Get medical help immediately.
  2. Report the accident to the police or property owner.
  3. Take photos/videos of the scene and water conditions.
  4. Talk to witnesses if available.
  5. Consult a personal injury attorney — especially if government liability is involved.

Law Offices of James R. Dickinson – 909-848-8448

How To Schedule A Consultation:

Please call us at 909-848-8448 to schedule a free consultation/case evaluation or complete the form immediately below. [Please note certain formalities must be completed to retain the Law Offices of James R. Dickinson, such as the signing of a legal fee agreement [see “Disclaimers”]].