When a car hits a pothole, it’s generally only a minor annoyance. They may be shaken or spill their coffee, but unless the pothole is particularly deep and/or the automobile is driving at a particularly high speed, there is unlikely to be any long-term damage.
It’s a different thing when a bike hits a pothole. A bicycle can lose control of their bike and fall due to a minor road fault that a car would simply pass over. A bicycle accident can result in serious injuries such as head injuries, back injuries, shattered bones, lacerations, and soft tissue injuries. Keep reading to learn what your options are if you are injured due a pothole, then contact The Law Offices of Larry H. Parker at 800-333-0000 for a consutlation.
Can I get compensated for a pothole-related bicycle accident?
Injured bikers in California can seek compensation from negligent property owners who allow harmful conditions, such as potholes, to linger in regions where they are dangerous to bicycles.
The first question to consider is the location of the pothole
A premises accident claim can be used to pay injuries caused by potholes on private property (whether held by an individual or a business). You must prove the following in order to win your case:
- The pothole was large enough to be dangerous.
- The owner of the property was aware of the pothole (or should have known about it had they been inspecting their property on a reasonable basis).
- Bicyclists were likely to enter the property and come into contact with the pothole, which the property owner knew or should have known.
- The property owner had sufficient control over the pothole’s location to have it repaired.
- Your bicycle accident was caused by a pothole.
If the pothole is on government property, such as a public street, you must file a claim for a dangerous condition of government property. This is not the same as filing a premises liability claim. You have only six months to submit a tort claim with the government of the city or municipality where the accident occurred. You have two years to submit a claim in a premises accident action.
The initial tort claim will almost always be refused, forcing you to initiate a lawsuit against the government. You must demonstrate the following in order to win your case:
- The land was owned by the government agency you’re suing.
- The government was aware of the pothole or should have been aware of it.
- A bicycle accident was a reasonably foreseeable risk as a result of the pothole.
- The government had ample opportunity to repair the pothole but chose not to.
- The pothole was the cause of your bicycle accident.
Do you need assistance with your bicycle accident case?
Whether you’re pursuing a lawsuit against the government or a private individual or company, you should expect to be met with stiff opposition. It is critical to employ a qualified and experienced bicycle accident lawyer in order to fight back and ensure you receive the full and fair compensation you deserve for your injuries and suffering. Starting with a free consultation, The Law Offices of Larry H. Parker is available to assist you. Call us right now at 800-333-0000.
