Maison Law can help you through the claims process after you’re injured in a trip-and-fall accident caused by a pothole in Bakersfield. Potholes and other road defects aren’t just dangerous to bikes and motorcycles. You could just as easily trip over one while walking, and that can leave you facing serious injuries. Our team can guide you through it all. Set up a free consultation today.
Do I Even Need a Lawyer?
Trip-and-fall accidents happen fast. You’re walking along like you’ve done a hundred times before, your foot catches on broken pavement, and suddenly you’re on the ground. At first, it can feel like clumsiness or bad luck. But the injuries that follow—back pain, fractures, head injuries—can stick around far longer than the moment itself.
That’s usually when questions start piling up. Should this have been fixed? Who was supposed to maintain that area? Do you actually have a claim? These cases get complicated quickly, and that’s where having help matters. Our team can step in to:
- Walk you through your options in plain language
- Gather the right information before it disappears
- Figure out who was responsible for maintaining the area
- Handle the claims process, whether it stays out of court or ends up there
The real focus isn’t the stumble—it’s whether the pothole should have been repaired and who failed to take care of it. Acting early matters, because sidewalks get patched, parking lots get resurfaced, and evidence doesn’t last long.
What Information Can Help After a Bakersfield Trip and Fall?
The first hours and days after a pothole fall are more important than most people realize. Details fade, conditions change, and once repairs happen, proving what caused your fall gets harder. If you’re able, try to get the following information together:
- Photos or video of the pothole. Do what you can to get its size, depth, and exact location. Try to also include nearby landmarks or objects—curbs, railings, your shoe—for scale. Wider shots can also show lighting, visibility, and why the hazard wasn’t obvious.
- Damaged personal items. Hold onto torn shoes, ripped clothing, cracked phones, or anything else damaged in the fall before replacing them.
- Witness information. Names and contact details for anyone who saw what happened—or noticed the pothole beforehand—can be very helpful.
- Reports and your own notes. If police or property management created a report, ask how to get a copy. It also helps to write down your own recollection while it’s still fresh.
This can feel like a lot, especially when you’re hurt. And once a fall is reported, the responsible party often moves quickly to fix the area. A legal team can help gather records, track down reports, and preserve evidence so you don’t have to do it alone.
Who’s Liable For a Trip and Fall Accident Caused by a Pothole?
Outside of your injuries, the biggest issue in these cases is liability. Pothole falls aren’t always straightforward, and figuring out who’s legally on the hook usually comes down to one key question:
- Did the owner or agency responsible for the property know—or should they have known—about the pothole and fail to fix it in a reasonable amount of time?
Depending on where the fall happened, responsibility may fall on:
- The City of Bakersfield or Kern County
- The State of California
- A private homeowner
- A business or property management company
In many cases, more than one person is going to be involved, which is why these claims often turn into a back-and-forth over responsibility. Identifying the right party is the first step toward holding someone accountable.
What Kind of Claim Can I File After a Pothole Trip and Fall Accident?
The main reason that liability is so important with a trip and fall accident caused by a pothole is because it changes the kind of claim you file. The easiest way to look at it is to draw a distinction between public and private property.
- For city streets, sidewalks, or some other government property, you’ll need to file through the California Tort Claims Act (CTCA). This is a state law that handles injury claims that happen because of negligence on the part of a state agency or employee. While it’s similar to a private claim, there are a couple key differences:
- First, you usually have to file what’s called a Notice of Claim. This has to be done within six months of the fall, and it lays out the basics—where it happened, what caused it, and how you were hurt.
- Once that notice is filed, the government has 45 days to respond. During that time, they’ll typically investigate the condition of the sidewalk or roadway and decide how they want to handle the claim.
- There’s also a threshold issue. In most cases, your damages need to exceed $10,000 for the claim to move forward.
After that initial phase, things start to look more like a standard injury case. The city or county will either accept the claim and pay damages, deny it outright, or let the deadline pass without responding. If the claim is denied—or ignored—you can then move forward with a lawsuit in California state court.
- If the pothole was on private property, like a Bakersfield parking lot, apartment complex, shopping center, or commercial driveway, the process is more straightforward. That typically means:
- Filing an insurance claim outside of court
- Filing a personal injury lawsuit
There’s no government notice requirement in these cases, but property owners still have a legal responsibility to fix dangerous pavement—or warn people when they don’t. And you have to file within two years of the date of the fall. With the claim filed, through, the focus turns to your “damages”:
- Medical bills and future treatment
- Lost income or reduced ability to work
- Damage to clothing, phones, or other personal items
- Physical pain and emotional stress
- Long-term limitations or changes to daily life
Location matters. Some areas develop the same hazards again and again, and understanding that context often explains not just how the fall happened—but why the danger was left in place.
Where Do Pothole Trip and Fall Accidents Happen Most Often in Bakersfield?
Pothole-related trip and fall accidents in Bakersfield aren’t random. They tend to happen in the same kinds of places, especially in areas where foot traffic is high and maintenance doesn’t always keep up. Some of the most common locations include:
- Older sidewalks in central Bakersfield, where cracked pavement and uneven concrete are common along residential streets and near long-standing businesses
- Shopping center and grocery store parking lots, where constant vehicle traffic breaks down asphalt and potholes form near walkways and entrances
- Apartment complexes and rental properties, where shared sidewalks and drive lanes often develop surface damage that goes unfixed
- Sidewalk-to-driveway transitions, especially along busy corridors where cars repeatedly cross pedestrian paths
- Construction and roadwork zones, where temporary patches, metal plates, or crumbling edges create tripping hazards
- Poorly lit areas, such as early-morning or evening walkways where pavement damage is hard to see until it’s too late
These accidents usually aren’t about someone “not paying attention.” In Bakersfield, cities, property owners, and managers have a legal duty to maintain sidewalks, parking lots, and walkways in reasonably safe condition. When that maintenance doesn’t happen, people get hurt—and the focus shifts to the condition of the property, not the person who fell.
Get Legal Help From Maison Law After a Bakersfield Pothole Trip and Fall Accident
Tripping and falling over a pothole in Bakersfield can leave you dealing with pain, frustration, and a lot of unanswered questions. It’s not an unreasonable expectation for sidewalks and walkways to be safe enough to use without getting hurt. When they aren’t, it’s normal to feel overwhelmed.
Our team of Bakersfield pedestrian accident lawyers at Maison Law help injured people understand what caused their fall, who may be responsible, and what steps actually matter next. We handle the details, protect evidence, and make sure deadlines don’t quietly derail your case. Reach out today for a free consultation and let us help you through the claims process.
