Maison Law can help you if you’re hurt in a bicycle accident caused by a pothole in Bakersfield. Unfortunately, a pothole or road defect can quickly lead to a bicycle accident, and that can mean injuries, losses, and other problems. Our team can guide you through the process. Set up a free consultation today to learn more.
Should I Get a Lawyer?
A pothole doesn’t look like much—until it sends you over your handlebars. And if that happens to you, one of the first questions you probably have is simple: should I get a lawyer?
It really depends. If your injuries are minor and the situation is straightforward, you might be able to handle things on your own. But pothole accidents are rarely simple. The biggest reason is responsibility. Roads in and around Bakersfield aren’t all controlled by the same entity, and figuring out who maintains a specific stretch of pavement isn’t always obvious.
So, having a lawyer in this situation can really help. And that’s where our team steps in by:
- Explaining your options clearly, without legal jargon
- Figuring out who was responsible for maintaining the roadway
- Getting and keeping evidence before the pothole is repaired or disappears
- Handling talks with government agencies or insurance companies
For many people, it’s less about “taking action” and more about making sure the door stays open while they focus on getting better.
Who’s Responsible for a Bicycle Accident Caused by a Pothole in Bakersfield?
At first glance, figuring out who’s responsible for a bicycle accident caused by a pothole can feel confusing. Unlike collisions involving cars, there isn’t an obvious at-fault driver. Instead, responsibility usually comes down to:
- Who controlled and maintained the road where the pothole was.
Once you look at it that way, things become clearer. Roads—just like buildings or other public spaces—have owners and managers. And those agencies have a duty to keep them reasonably safe. And while it still depends on the circumstances, legal responsibility is going to usually fall on:
- The city government. Most pothole-related bicycle accidents happen on roads owned and maintained by the City of Bakersfield or Caltrans. If they knew—or should have known—about a hazardous pothole and failed to repair it, they may be responsible for injuries that result.
- Maintenance contractors. In some cases, road maintenance or repair work is outsourced. If a private company did faulty repairs or something else that led to the accident, they’re responsible.
- Private property owners. Not every pothole is on a public road. The property owner—or the company responsible for maintaining that property—may be liable if poor maintenance caused the accident on:
- A private road
- A parking lot
- A driveway or commercial property
As you can tell, legal responsibility depends on the details. But with this, you have a general idea of who you’re going up against when you file a claim. Before you reach that point, though, you’re going to need strong documentation.
What Documentation Will I Need to File a Claim After My Accident?
A bicycle accident caused by a pothole in Bakersfield isn’t something you can plan for. One moment you’re riding along, the next your tire drops into a hole you didn’t see—or didn’t have room to avoid. The fall happens fast. The impact on your body, your bike, and your day doesn’t. Once you’re safe, the most important thing you can do is start gathering information. Pothole cases often depend on details that disappear quickly, especially once road crews make repairs. If you’re able, here’s what’s worth focusing on:
- Take pictures and/or video of the pothole from different angles. Try to show how deep or wide it is by including something for scale, like your bike tire, shoe, or a water bottle.
- Get wide shots of the roadway, showing where the pothole sits in relation to traffic, bike lanes, or the shoulder—and how visible it was at the time.
- Pin down the exact location, not just the street name. Intersections, nearby businesses, cross streets, or recognizable Bakersfield landmarks can make a big difference later.
- Also get pictures of the damage to your bike and gear before anything is repaired or replaced. Even small cracks or bent parts matter.
- Get names or contact information from witnesses, especially if someone saw you go down or noticed the pothole before the accident.
- If police respond, ask how to get a copy of any report. And when you’re able, write down what you remember—lighting conditions, traffic, construction signs, or anything unusual. Those details tend to fade faster than most people expect, particularly after an injury.
No two pothole accidents are exactly alike, even when they happen on the same road. What happens next—especially when it comes to figuring out who’s responsible—often depends on the information you’re able to gather in the hours, days, and weeks after the accident.
What Does the Claims Process Look Like After a Pothole Bicycle Accident in Bakersfield?
Being injured because of a pothole doesn’t limit your right to file an injury claim. What it does change is how the claim has to be handled—and it depends on who controlled the road. It basically forks into two separate (but similar) paths:
- A California Tort Claims Act (CTCA) when a government-controlled road.
- A typical injury claim when private property is involved.
Here’s how both usually work:
- CTCA claim. When you file a claim against the city or state government, everything is sped up:
- First, you only have six months from the date of the accident to file what’s called the Notice of Claim where you explain what happened. Your damages also have to exceed $10,000.
- The government then has 60 days to either respond to your claim or deny it. If they accept your claim, you can expect payment within 45 days. If they deny it, you can go ahead with a lawsuit.
- Injury claim. When private owners or property is involved, the claims process reverts to normal, where you file either:
- An insurance claim outside of court
- A personal injury lawsuit in civil court.
Depending on your situation, your damages are going to include things like:
- Medical bills and future care needs
- Lost income from time away from work
- Repair or replacement of your bike and riding gear
- Physical pain, emotional stress, and reduced quality of life—especially if the injuries have lasting effects.
- In cases involving fatal injuries, your surviving family members can file a wrongful death claim to get related damages.
For a regular injury claim, you have two years from the date of the accident to file. And remember, it’s going to come down to how well you can show your damages and prove that the owner was negligent.
Get Help From Maison Law With Pothole-Related Bicycle Accidents in Bakersfield
When you go out for a nice bike ride in Bakersfield, the last thing you should have to deal with is an accident caused by a pothole. Your tax dollars are supposed to take care of things like that, so when it doesn’t happen, it’s all the more frustrating. Just as frustrating is then dealing with the claims process. At Maison Law, our Bakersfield bicycle accident lawyers can help you through it all. Get started by setting up a free consultation today.
