The City of Bakersfield can be liable for bicycle accidents caused by sidewalk damage, but in some cases, property owners may be the ones liable for recovery costs.
Maison Law can help you identify who is responsible for a bike crash and demand support on your behalf while you focus on healing from an injury. A tumble caused by a sidewalk crack that should have been repaired can make you eligible for compensation for all medical bills and your missed paychecks while you can’t work.
Any bicycle crash will bring up questions about your injuries, who’s responsible, and what the path forward is going to look like. Our team can answer your questions and help you through the process. Set up a free, no-obligation consultation as soon as possible.
Who Is Responsible for Injuries Caused By a Sidewalk Bicycle Accident?
The City of Bakersfield generally follows the state’s Streets and Highways Code 5610. explaining that property owners and operators are liable for sidewalks around the land. Owners must…
“… maintain any sidewalk in such condition that the sidewalk will not endanger persons or property…”.
That can be the City of Bakersfield in areas around government buildings, schools, or around public parks.
More often, sidewalks will be abutting private property, such as homes and businesses, and property owners will be liable for any accidents caused by disrepair. This can include the sidewalks along a storefront safe for customers and riders, and the sidewalks within an apartment complex being maintained for the safe travel of residents and children on bikes.
Bakersfield might initiate projects around the city to repair sidewalks, but city departments still wouldn’t usually be responsible for any accidents that occur on a sidewalk they repair in front of private property.
Sidewalks can be torn up by tree roots, creating an unsafe surface for bicycle tires. The City Municipal Code holds property owners liable for getting rid of roots and branches that cause accident risks for bicycle riders.
12.40.090 Duty of private owners—Removal of hazardous trees—Charging costs of work done by city.
“A. It shall be the duty of every person, firm or corporation having charge or control of any lot or premises, either as owner, agent, lessee, tenant or otherwise, to trim or cause to be trimmed, or remove or cause to be removed, all trees, shrubs or plants or any part or parts thereof, growing or standing on said property, which may constitute a hazard or an impediment to the progress or vision of anyone traveling on any street or public place.”
The city could also work on trees and sidewalks, but charge the property owner through increased property taxes.
It’s easy to see why a legal expert provides a strong advantage when trying to figure out who is responsible for a bicycle accident caused by a crumbling sidewalk. A Bakersfield bicycle accident lawyer can help you figure out where to direct an injury claim. Your lawyer can also make sure you receive the maximum possible in medical compensation and paycheck reimbursement while you must miss work hours.
Sidewalk Dangers for Bakersfield Bicyclists
Supermarket owners, property management companies, and homeowners could be responsible for recovery costs for anyone who gets hurt by a sidewalk in need of repair.
These are a few of the sidewalk hazards that can leave owners and operators responsible for bicycle accidents:
- Cracks in sidewalks
- Large spaces between sidewalks and curbs where tires can get stuck
- Crumbling concrete
- Uneven sidewalk surfaces
- Tree roots growing through concrete
- Construction project damage to sidewalks
The Bottomline: Cases involving sidewalk liability can be complex, and if you are seriously injured, it’s a good idea to go over the case with a skilled Bakersfield attorney. A lawyer can help you identify the at-fault party, prove liability, and help secure the maximum in a settlement check for you.
Can I Ride a Bike on Bakersfield Sidewalks?
Sidewalk riding is okay in many parts of Bakersfield, especially in neighborhoods. However, cyclists must leave the sidewalk for pedestrians in certain business areas. That would usually include the Central Traffic District and Old Town Kern unless otherwise posted.
When riding on the sidewalk, cyclists should always yield to those on foot and obey crosswalk and intersection traffic laws.
You can find out more about where your bicycle is allowed by checking out City Municipal Code 10.52.010 Restrictions on use.
Do I Need a Lawyer After a Bicycle Accident?
If you are injured after riding over a damaged sidewalk, and your injuries are serious, such as a broken wrist or a Traumatic Brain Injury (TBI), you may need a lawyer’s help. A Bakersfield bicycle accident lawyer can help you identify the person or entity responsible for your accident and file a claim backed with evidence.
If you are unsure if you need a lawyer’s help, there’s an easy way to find out. You can contact Maison Law of Kern County for a free, confidential case consultation. If you need our help, you don’t have to worry about how you’ll be able to afford a lawyer. Maison Law doesn’t get paid unless we win your case for you. Then our fee comes out of the settlement check that an insurance company must write for you.
