Maison Law can help you through the claims process when you’re injured in a sidewalk accident in Bakersfield. When you’re out and about in Bakersfield, sidewalks are your friend. They’re supposed to keep you safe and out of the way of drivers. Unfortunately, though, when maintenance or repairs fall through, you can face many different situations where you’re injured. Our team will be there to support you. Set up a free consultation today.
Do I Even Need a Lawyer?
That’s usually the first question people ask themselves after a sidewalk injury—and it’s a fair one. You weren’t doing anything risky. You were just walking. Maybe it was on your way into a store, outside your apartment, or along a route you’ve taken plenty of times before.
The truth is, not every sidewalk injury needs a lawyer. Some falls don’t lead to lasting injuries. Others clear up quickly with medical care. With all that side, sidewalk cases get complicated fast once you start asking who was actually responsible for the sidewalk where you fell. That’s
One stretch of sidewalk might be maintained by the City of Bakersfield. The next section could fall under Kern County, a private business, or a property owner. That distinction matters because it controls:
- Who pays for your damages
- How much time you have to act
- What rules apply to your claim
Our team becomes helpful in this exact situation. Even then, a good first step is simply understanding your options—without pressure to “turn it into a case” if it doesn’t make sense for you.
What Information Will I Need to Get After My Sidewalk Injury?
There’s no way around it: a sidewalk accident is incredibly frustrating. Your tax dollars are supposed to prevent this exact kind of thing from happening. Yet, the reality of the situation is that with so many different people or groups involved, things get missed. And while that leads to accidents, it also means that getting information quickly is important. Here’s what you should focus on if you get hurt:
- Photos or videos of the sidewalk showing cracks, height differences, missing chunks, or uneven repairs
- Wider shots that show lighting, visibility, and nearby landmarks
- Shoes, clothing, or personal items damaged in the fall
- Names and contact information for anyone who saw what happened—or who knew the sidewalk was a problem before
- Any reports made by police, city workers, or property management
- Notes you make yourself about how the fall happened while it’s still fresh
You don’t need to gather everything perfectly. Most people are shaken, sore, or embarrassed after a fall. Even a few photos or a short note on your phone can help establish what the sidewalk looked like before it changed. And that matters—because once the condition is repaired, proving what caused your injury becomes much harder.
How Do Sidewalk Injuries Happen in Bakersfield?
When people think of sidewalk injuries, they usually picture a simple trip and fall. While that’s certainly one of the most common scenarios, it’s far from the only way that injuries happen. Most of the time, injuries happen where you:
- Catch a foot on a raised slab that sticks up just enough to send you forward
- Step onto a patch of sidewalk that looks flat but dips or tilts under your weight
- Slip on loose gravel, dirt, or landscaping debris that’s blended into the concrete
- Lose balance where sidewalks slope at driveways or curb cuts
- Don’t see surface damage because early-morning or evening light hides cracks and gaps
- Run into poles, signs, or tree roots that have slowly pushed into the walking path
- Are forced to walk around hoses, cords, or construction equipment left across the sidewalk
- Hit a crack or pothole on your scooter, bike, wheelchair, stroller, etc.
- Step into the street to get around an obstruction and getting hurt in the process
- Stumble and collide with someone nearby, causing multiple injuries
What these situations usually have in common isn’t carelessness. It’s a sidewalk that wasn’t maintained the way pedestrians reasonably expect it to be—especially in busy areas, older neighborhoods, or construction zones. All the details matter, because a big hurdle is figuring out who has to pay for your damages.
Who Pays For My Damages After a Sidewalk Injury?
This is where sidewalk cases start to feel overwhelming. The answer depends almost entirely on:
- Who was responsible for maintaining the sidewalk where you were injured.
That might sound simple, but it’s here that it becomes a bit complicated. A lot of the time, responsibility is going to overlap. A sidewalk may be public, but the adjacent business is required to take care of it. In other cases, the government (the city, the county, or the state) may be responsible—but only if:
- It knew, or should have known, about the dangerous sidewalk and failed to fix it within a reasonable time.
Ultimately, it’s going to come down to the exact piece of sidewalk. But generally, any of the following could be responsible for paying your damages:
- The City of Bakersfield, for many public sidewalks
- Kern County or the State of California, for certain roads or unincorporated areas
- A business owner or property management company
- A private property owner or management group that run an apartment complex or something similar
As you can see, there’s a lot of different people and groups involved. A piece of good news is that this can potentially increase sources for your damages. But it also has a huge impact on how you get damages.
How Do I Get Damages With a Sidewalk Injury?
With sidewalk injuries, you have the right to file an injury claim and get damages. But the way you do that is going to depend on:
- Whether the sidewalk was on public or private property.
Here’s how both options break down:
- If the injury happened on a public sidewalk. California law requires most claims against cities or counties to go through a California Tort Claims Act (CTCA) process first. This process moves faster than people expect and comes with strict rules:
- A formal Notice of Claim generally must be filed within six months of the injury
- The agency has 45 days to respond
- If they accept your claim, the government has to pay you within 60 days. If they deny your claim (or don’t respond in time), you can move ahead with a lawsuit.
Missing a deadline can shut the door entirely, even if your injuries are serious. That’s why timing matters so much with public sidewalk injuries.
- If the sidewalk was private. If a business, apartment complex, or private owner was responsible, the process is more familiar. You generally have two years from the date of the injury to take action. Claims often start with:
- An insurance claim handled outside of court
- A personal injury lawsuit, if necessary
No matter which path applies to your situation, damages are about how the injury is affecting your life, not just what happened on the sidewalk. That can include:
- Medical expenses, both current and future.
- Lost income or loss of earning potential
- Repair/replacement costs for your damaged clothing, shoes, phone, glasses, etc.
- Pain and suffering
- Emotional distress
- Reduced quality of life
Your damages are going to be specific to your situation. It’s going to come down to the evidence you have and how well you can show that the people responsible failed in their duty to keep you safe.
Free Consultations After Sidewalk Accidents and Injuries in Bakersfield
Sidewalk injuries are frustrating because they come out of nowhere. You’re not doing anything unusual—you’re just trying to get from one place to another. When a sidewalk isn’t taken care of properly, the consequences land on the person least able to prevent it—you. But you don’t have to face the aftermath alone with Maison Law on your side.
Our team of Bakersfield premises liability lawyers will help you figure out what your options are, who was responsible for your injuries, and what you can do to get back on your feet. Set up a free consultation today to get started.
