If you believe that you suffered from an accident for which Caltrans is responsible, you can file a claim against the organization.
Caltrans is California’s highway management system, and it falls under the jurisdiction of the California Department of Transportation (DOT). The company typically repairs and manages significant highways across the state—and occasionally causes accidents or damages.
If you’re looking to file a Caltrans claim, use this guide to learn everything you need to know.
Why File a Caltrans Claim?
If you endured an automobile accident or incurred damages to your car or another vehicle on a California highway, it might not be your fault.
Many of Caltrans’s actions (or inactions) may contribute to highway accidents. These include:
- Pothole Negligence: If you suffered an accident because of a pothole, you are likely eligible for compensation.
- Objects Falling: If you were struck by falling debris, construction materials, or cement, Caltrans might be responsible.
- Manhole Covers: You may wish to file a claim against Caltrans if you suffered an accident due to an open or unsecured manhole cover.
- Repair Vehicles: If a Caltrans repair vehicle strikes you or you are hit by a piece of equipment or debris falling from a Caltrans truck, you are likely eligible for compensation.
- Trucking Accident: If you are in a trucking accident related to Caltrans in any way, you are eligible to file a claim.
Possible Damages
You should consider filing a claim against Caltrans if you suffered damages or injury due to one of the above factors. Such damages may include:
- Damage to your car or personal belongings
- Damage to your tires
- Hearing or vision loss
- Scratches, cuts, lacerations
- Broken bones
- Psychological or emotional damage
- Death
How to Prove Caltrans Negligence
You can prove Caltrans’ responsibility by providing evidence to show that:
- Caltrans had a duty to maintain safe conditions and didn’t.
- The roadway created dangerous conditions.
- Caltrans knew of a defect or problem and did not address it.
Remember to gather pictures of your car, injuries, and any notable roadway features to bolster your case.
How to File a Claim Against Caltrans
To file a claim against Caltrans, you’ll need to complete the process within six months of the incident.
You can claim for up to $10,000 using the claims website. However, if you wish to receive more than $10,000, you cannot use the form through the Caltrans website and must go to court.
Filing Caltrans Claims Under $10,000
To file a claim:
- Head to the Caltrans website and click “submit a damage claim.”
- Fill out the form LD-0274, Claim Against Department of Transportation for Amounts of $10,000 or Less. The form will require you to enter personal information, contact information, proof of insurance, and a thorough explanation of the damages and injuries you may have incurred.
- Access the Caltrans interactive map to determine which district your accident occurred in. You will need this address to submit your form.
- Once you’ve identified your district, you can enter the mailing address that corresponds to your district. You can find this information on the main web page for claims against Caltrans.
- Wait for a response from Caltrans.
Filing Caltrans Claims Above $10,000
You’ll need to file with the Government Claims Program if you wish to submit a claim for more than $10,000.
This program allows you to demand compensation for your loss formally. While you may receive a settlement without filing a lawsuit, you may face up to several years of court proceedings.
If you file a claim against Caltrans for more than $10,000 in damages, you should consider working with a qualified California attorney. Working with a legal professional will ensure you receive the best outcome possible.
Wrapping Up
If you’ve been in an accident for which Caltrans is responsible, you can follow the steps in this guide to receive compensation from the state.
Alternatively, consider working with an attorney.
An attorney can ultimately ensure you receive the best outcome possible without spending too much time or money on lengthy proceedings. Best of luck!