L&F Brown is now Westwood Law. Same partners, same team, new name.

L&F Brown is now Westwood Law. Same partners, same team, new name.

Everyone Says That Intersection Is Bad. The City May Already Be on the Hook.

Everybody in the neighborhood knew. There is a neighbor who nearly got hit there last year, somebody brought it up at a council meeting, and there is a thread about it in a local group. Then it happened to you.

The direct answer: what everyone says does not matter on its own, but it is usually a sign that the city already has it in writing, and a public agency with that corner in writing can be a second defendant with no $30,000 policy limit. This is California law and it will not carry over to another state, so read it as a Los Angeles answer.

Los Angeles Has Already Written Down Which Streets Are Dangerous

There is a document that does a lot of this work for you, and most people hurt on a Los Angeles street have never heard of it. The City of Los Angeles maintains a High Injury Network, its own designation of roughly 6% of city streets that account for about 70% of traffic deaths and severe injuries. The city built it, the city publishes it, and the city uses it to prioritize its own safety spending.

If your crash happened on a High Injury Network street, the argument about whether the city knew gets considerably shorter. This is not a neighbor saying the corner is bad. It is the city having formally identified that street as among the most dangerous it owns, and then being asked why the striping was still worn away or the left turn still unprotected. It is worth knowing two limits: being on the network is evidence of notice, not proof that a particular condition was dangerous or caused your crash, and it is a city designation, so it does not apply to a freeway or a ramp, where the responsible agency is the state.

A cluster of broadside or head-on crashes reads differently than a cluster of rear-end crashes. Four corners from our own data:

A local attorney, not a remote firm

An Engineer's Eye for the Paper Trail

My father worked as a traffic engineer for the City of Los Angeles, which is where I learned what actually makes an intersection dangerous. If your corner has a reputation, I can take a second look and tell you whether the city's own records back it up.

Arya Firoozmand, Esq.
Arya Firoozmand, Esq.
Founding Partner · UCLA Law, '14
My father was a traffic engineer for the City of Los Angeles. I can tell you whether your corner's reputation is backed up by the city's own records.
Find Your Intersection

Is Your Street on the City's Own Danger List?

The city has already named its most dangerous streets. Four of them, from our own crash data:

Check whether yours is one of them. Search the full crash record

None of those figures proves anything about a particular condition, and we are not calling any of those corners the worst anything. What they do is combine the two kinds of evidence this article is about. There is a collision record, and there is the city's own classification of the street as high injury. If your corner looks like that, the question of whether the city knew is already mostly answered, and the remaining work is establishing what specifically was wrong with it.

The Requirement Local Reputation Is Pointing At

For a public agency to be liable for a dangerous condition of its property, California requires that the agency either created the condition or knew or should have known about it in time to have done something. That knowledge requirement is called notice, and it is usually the hardest element in the case.

Here is why your neighborhood's opinion is worth something in a way that surprises people. A condition that everybody locally knows about has usually generated a paper trail, because the kind of people who complain about intersections complain to someone official. Reputation is not evidence. It is a reliable indicator that evidence exists, and it tells an investigator exactly which filing cabinet to open.

Where the Paper Trail Actually Lives

These are the records that convert what everyone says into what the agency knew. Most of them are obtainable by the public:

  • Service requests and complaints. Los Angeles logs them through its 311 system, and other cities keep equivalents. A resident reporting a blocked sight line, a dead streetlight or a missing sign creates a dated record with the agency's name on it.
  • Prior claims against the agency. If someone else was hurt there and presented a government claim, the agency has a file. A pattern of claims at one location is notice that is difficult to argue with.
  • Council and committee records. If a neighborhood council or a resident raised it at a public meeting, there are minutes, correspondence and often a referral to a transportation department.
  • Traffic studies and signal records. Cities study intersections, time signals, and sometimes recommend changes that are then not funded. A study recommending a protected left turn phase that was never installed is a powerful document.
  • Petitions and news coverage. Residents organize about intersections more than they do about most things, and local reporting creates a dated public record of the agency being told.
  • Maintenance and work order history. When the striping was last repainted or the vegetation last trimmed establishes how long the condition sat there.

These are generally reachable through a California Public Records Act request, and that is something your side can do without filing a lawsuit first. It is worth understanding that this is the actual work in a case like yours. Not rhetoric about a dangerous corner, but dated documents showing somebody told the agency and nothing happened.

What the Collision Record Adds

Separate from complaints, the crash history at a location does two jobs at once. It helps establish that the condition really was dangerous rather than merely disliked, and it supports notice, because an agency is expected to know what is happening on its own streets.

We publish the collision history for the intersections we track across the Valley and the Westside, including how many crashes and how many injured people are on record at each one. You can find your own corner through the community pages and see whether the local reputation is matched by the record.

One caution so you read your own data honestly. Crash counts tell you how often collisions happened, not how badly anyone was hurt, because the underlying state data records injuries without grading their severity. A high count is a reason to investigate, not a conclusion about anything.

Why a Partial Finding Is Still Worth Having

Even if the agency ends up carrying a minority of the fault, the money does not work the way most people assume. California makes medical bills, lost earnings and future care joint and several, so any liable defendant can be pursued for all of those damages whatever its percentage. Only pain and suffering is split by fault.

So an agency at 15% can be liable for the whole medical bill. When the driver who hit you has a $30,000 policy and your bills are a multiple of it, that is the entire difference between a nominal case and a real one.

The Deadline Is Six Months and It Is Already Running

A claim against a public agency in California must be presented in writing within six months of the crash. This is the part that catches people who are doing everything else right, because gathering the records above takes time and the clock does not wait for the records.

It also has to go to the right place. A City of Los Angeles street goes to the LA City Clerk. A freeway, highway or on ramp belongs to the state, and a claim over $12,500 goes to the Government Claims Program at the Department of General Services in West Sacramento, not to Caltrans, with a $25 filing fee. Independent cities take their own and unincorporated areas go to the County.

Where This Falls Apart

Some intersections have a bad reputation and a clean file. If nobody ever reported anything, no study was done, no prior claims exist and the collision history is unremarkable, then notice is going to be hard and local sentiment will not substitute for it.

There is also a category of complaint the law simply does not reach. If what everyone dislikes is the fundamental layout, the agency is usually protected because somebody with authority approved those plans. The claims that work tend to be about maintenance and operations, the paint, the signs, the vegetation, the lighting, the signal timing, because no plan was ever approved for those to be neglected.

We handle these cases, including one that settled for $6,000,000 against a government entity. If people have been saying that corner was dangerous for years, there is a decent chance somebody said it to the city in writing. Tell us the intersection and finding out is our job, not yours.

Common Questions

Frequently Asked Questions

Does it count legally that everyone in the neighborhood knew the intersection was dangerous?
Not by itself. California requires proof that the public agency knew or should have known about the condition in time to act. Local reputation is not evidence of that, but it is a strong indicator that documentary evidence exists, because people who complain about intersections usually complain to someone official and that creates a dated record.
What records prove a city knew about a dangerous intersection?
Service requests and 311 complaints, prior government claims filed by others hurt at the same location, neighborhood council minutes and correspondence, city traffic studies and signal timing records, maintenance and work order histories, petitions, and local news coverage. Much of it is obtainable through a California Public Records Act request without filing suit first.
Can I request the city's records about the intersection myself?
Yes, the California Public Records Act allows members of the public to request these documents. In practice it helps to have someone who knows which records exist and how to frame the request, because a vague request returns little. The six month claim deadline keeps running while records are gathered, so the claim should not wait for them.
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