Injured by a pothole while riding your bike? Learn the legal steps to take after a pothole injury in California, including how to file a claim and protect your rights.
Bicycle accidents caused by potholes can result in serious injuries, costly medical bills, and long-term consequences. When a city fails to maintain its roads, injured cyclists may have the right to pursue compensation. In this article, we’ll explain what steps to take after a pothole injury, who can be held liable, and how an attorney can help protect your legal rights.
What Is a Pothole Injury?
A pothole injury occurs when a cyclist hits a pothole and suffers harm due to the dangerous condition of the roadway. These injuries often include broken bones, head trauma, sprains, and abrasions. Cities and municipalities are legally obligated to maintain public roads in a safe condition. When they fail to do so, injured individuals may be able to file a government claim or personal injury lawsuit.
Step 1: Seek Medical Attention Immediately after a Pothole Injury
Your health should always come first. Even if you believe your injuries are minor, it is important to visit a doctor. Some injuries, like concussions or internal bleeding, may not be visible right away. In addition to ensuring your recovery, medical documentation will serve as essential evidence in your legal claim.
Step 2: Document the Scene and Your Pothole Injury
Next, collect as much information as possible at the accident site. Take clear photographs of:
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The pothole
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Your bicycle
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Visible injuries
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The general area (street signs, landmarks, traffic)
Also, gather witness contact information if anyone saw the accident occur. This evidence may prove crucial in showing how the road hazard caused your injury.
Step 3: Report the Pothole to City Authorities
It’s important to file a report with the city or municipality responsible for road maintenance. This not only initiates the documentation process but also helps establish notice of the hazard. For example, in California, cyclists can report roadway defects directly to Caltrans, the state transportation agency.
Include the date, time, and location of the accident. Be concise and factual. Avoid admitting fault in your report.
Step 4: Determine Who Is Liable for the Pothole
Under California law, government agencies can be held liable if:
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They knew or should have known about the dangerous road condition.
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They failed to fix the defect within a reasonable time.
However, proving this requires strong evidence. A city may argue that it had no prior notice of the pothole or that the cyclist contributed to the accident. That’s why it’s important to consult with an attorney experienced in pothole injury claims.
Step 5: File a Government Tort Claim Within 6 Months
In California, claims against government entities must be filed within six months of the incident. This short deadline, known as the “Government Tort Claim” requirement, is strict. If the claim is denied, the injured cyclist can file a personal injury lawsuit within six months of the denial.
What Damages Can You Recover After a Pothole Injury?
Victims of pothole-related bike crashes may be entitled to compensation for:
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Medical bills and future medical care
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Lost wages and reduced earning capacity
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Pain and suffering
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Bicycle repair or replacement
A successful claim depends on the strength of your evidence and the quality of your legal representation.
How KAASS LAW Can Help
At KAASS LAW, our personal injury attorneys have experience handling cases involving government negligence. We can:
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Investigate the road hazard
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Gather supporting evidence
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File your government claim and lawsuit
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Negotiate with the city or insurance company
We understand the legal complexities of suing a public entity, and we work tirelessly to help our clients receive fair compensation.
Similar Cases in California
The California Supreme Court recently revived a lawsuit filed by a cyclist injured by a pothole in Oakland. The court ruled that the city may face liability if it receives prior notice of the hazard. This case underscores how cities must uphold their responsibility to maintain safe streets. (Learn more in our related blog on Cyclist Lawsuit Against Oakland.)
Know Your Rights: Don’t Let the City Off the Hook
If you’ve been injured by a pothole while riding your bicycle, you may feel overwhelmed and unsure of what to do next. However, acting quickly and securing legal help can make a major difference in your recovery.
Contact KAASS LAW Today
Don’t wait. If you’ve been injured in a pothole-related bicycle accident, contact KAASS LAW for a consultation. Our legal team is ready to evaluate your case and help you move forward.
Call us or visit our Personal Injury Practice Area to learn more about how we can assist you.