5 Million Dollar Settlement when car travels off a dangerous road without guardrails

A 26-year-old man driving on a wet road at night lost control of his car in a curve and plunged down a steep embankment because there was no guardrail at the edge of the road above the embankment. A raised asphalt berm for drainage at the edge of the road launched the car over the embankment and caused it to roll over, trapping the driver overnight in his car. There were no witnesses to the accident. The Cal Trans Traffic Manual indicated a guardrail should have been installed at the curve and the asphalt berm should not have been installed next to the road. The driver is permanently paralyzed in his lower body.