The City of Fresno can be liable for bicycle accidents involving damaged sidewalks in public areas.
But homeowners and business owners can be accountable in certain cases. The city holds them responsible for the maintenance of sidewalks outside their properties.
A skilled Fresno Bicycle Accident Lawyer can help you determine who should be responsible if a sidewalk crack causes you to crash. You can receive full compensation for your medical bills and for the time you are out of work. Contact Maison Law to set up an absolutely free case consultation. It’s a no-risk way to find out what your injury is worth and how to hold property owners and operators financially responsible.
Sidewalk Accident Liability After Fresno Bicycle Crashes
In Fresno, it’s often the nearby property owner who is responsible for sidewalk maintenance and for accidents if they occur. The neighborhood sidewalks running in front of or alongside a home would be the homeowner’s responsibility.
The sidewalks running along the street in front of a business would need to be maintained by the business owner. Sidewalks directly in front of a store, installed as part of the business construction, would also be the business owner’s responsibility.
Under Fresno’s city ordinances, the city would normally just be responsible for sidewalks along public property and for any sidewalk damage caused by city trees. Some repairs involving curbs and gutters may also fall to the city.
SEC. 13-217. – DUTY OF PROPERTY OWNER TO REPAIR SIDEWALKS.
The owners of lots or portions of lots fronting on any portion of a public street or place which is improved shall have the duty to maintain and repair the sidewalk area as defined in this article in accordance with the provisions of Chapter 22, Part 3, Division 7 of the California Streets and Highways Code, provided, however, that after written notice to the Director and concurrence by him/her that the condition is hazardous, the city shall make the following repairs:
(a) Repairs to the sidewalk area which are necessitated by damage caused by trees located within the street right-of-way.
(b) Repairs to gutters, including curbs if the curb and gutter are of monolithic construction.
Victims (or their legal representatives) would need to show that a property owner or the City of Fresno knew (or should have known) about sidewalk damage. Then, victims would need to demonstrate how the liable party had a reasonable amount of time to fix the problem, but instead, put off repairs and patches.
A claim can be filed against the owner of a home’s homeowners insurance policy. A business owner or a government department would have commercial liability insurance for victims to draw from.
Of course, this support is never guaranteed. Victims must often force insurance providers to accept blame and to provide a fair settlement. A skilled attorney helps victims identify the responsible party and seek the most possible for their injuries.
Sidewalk Accident Dangers for Fresno Bicyclists
As dangerous as busy roads, like Ashlan Avenue, are for cyclists, Fresno riders can also find hazards on local sidewalks.
Huge gaps and broken concrete can serve to send bicyclists out of control. A crack that’s the right size for a bicycle tire can grab the bike, bring it to a sudden stop, and send the rider to the hard sidewalk or road surface.
These are a few of the hazards on Fresno sidewalks that can target riders of all ages:
- Cracks in sidewalks
- Large gaps between sidewalk segments and the curb
- Crumbling concrete
- Uneven surfaces
- Tree roots growing up through concrete
- Broken ADA ramps causing accidents for riders and others using wheeled medical devices
- Construction project damage to sidewalks
Riders might suffer an impact with the ground or with a car if they are forced out into the street.
The injuries can include permanent scars, broken bones, and Traumatic Brain Injuries (TBIs). The frightening consequences are why it’s so critical that cyclists know where to direct their injury claims. They need immediate support to be able to afford the best care available and get back to the bike rides they love.
Frequently Asked Questions
Bicyclists are allowed to use most sidewalks in Fresno, but in busier spots, they may be forbidden (as indicated by signs). Fresno City Ordinance SEC. 14-1703. restricts bikes on certain sidewalks in business districts and mall streets. Where bikes are allowed to take to the sidewalks, riders must always yield to pedestrians.
In a normal personal injury claim against a homeowner or business owner, victims have up to two years to file a lawsuit. However, when a government department, like the City of Fresno or Fresno County, is involved, the statute of limitations shrinks. Governments are protected from litigation by special rules. Victims may only have months to file, in some cases, 6 months. Any case involving the City of Fresno will come with extra complexity. A skilled Maison Law attorney can turn in complicated paperwork and meet sneaky deadlines.
Your attorney would demand help with all of your medical bills, including the cost of care that’s anticipated to be needed in the future. The physical pain bicycle accident victims must endure, and the emotional trauma of a frightening crash and a difficult recovery, can also add to the amount on a settlement check. The paychecks and job benefits that victims forfeit must be replaced for as long as the victim can’t work.
Contact a Fresno Bicycle Accident Lawyer Today
To get started, Maison Law offers a free case consultation to all Fresno bike accident victims. It’s a confidential meeting, and there’s never any obligation.
If you need our help, your lawyer will immediately begin investigating your case. Maison Law files your claim on your behalf so you can focus on recovery, allowing you to return to your bike rides as soon as possible.
It’s important to note that you don’t have to have extra savings to afford legal protection. Maison Law doesn’t get paid unless you get paid. That means we only get paid if we win your case. Then, our fee comes out of the settlement check that an insurance company must write for you.
