You can sue the Caltrans (California department of Transportation), the agency in charge of maintaining roadways in California, if the road defect that caused your accident is the result of poor maintenance, defective construction, inadequate signage and safety equipment and other unsafe conditions caused by the government.

The government can be proved liable for your accident if:
• The road defect has foreseeable risks of causing accidents
• The government has been previously warned about the road defect but has still not addressed the defect within a reasonable time
• The road defect is the direct cause of the accident

You must, however, send a written notice of the accident within 6 months after the date of the accident. The government may respond within 45 days after your notice was sent. You may file a lawsuit within 2 years when no response is received from the government. If the claim is denied by the government through a written notice, you may file a lawsuit within 6 months after this was sent.

In the case when the government has contracted with a private company to construct, repair and/or maintain the road where your accident took place, you may file a suit against both parties.