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.
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.
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.
Next, collect as much information as possible at the accident site. Take clear photographs of:
The pothole
Your bicycle
Visible injuries
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.
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.
Under California law, government agencies can be held liable if:
They knew or should have known about the dangerous road condition.
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.
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.
Victims of pothole-related bike crashes may be entitled to compensation for:
Medical bills and future medical care
Lost wages and reduced earning capacity
Pain and suffering
Bicycle repair or replacement
A successful claim depends on the strength of your evidence and the quality of your legal representation.
At KAASS LAW, our personal injury attorneys have experience handling cases involving government negligence. We can:
Investigate the road hazard
Gather supporting evidence
File your government claim and lawsuit
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.
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.)
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.
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.
Navigating the Process and Deadlines Under the FTCA When a federal employee or agency’s negligence injures someone, pursuing justice becomes…
Understanding a Motion to Dismiss and Seal a Criminal Record A motion to dismiss and seal a criminal record in…
The Future of Urban Mobility Takes Flight Los Angeles is on the edge of a transportation breakthrough as flying taxis…
Widespread Abuse in California Juvenile Facilities Over the last several years, disturbing accounts of sexual abuse, assault, and misconduct have…
In a landmark move, Governor Gavin Newsom recently signed a new bill into law. This bill dramatically reshapes the relationship…
The homelessness epidemic is the most visible crisis facing California cities. Encampments line sidewalks and parks, creating complex social and…