Maison Law can help you or someone you care about after there’s a pedestrian accident caused by a pothole in Fresno. Potholes are more commonly associated with things like bicycle or motorcycle accidents, but they’re just as risky for pedestrians—especially those that are running or jogging. Our team can explain your options and how the process works. Set up a free consultation today.
Do I Need a Lawyer After a Pothole Injury If I’m a Runner?
When you trip during a run because of a pothole, it’s easy to blame yourself. A lot of runners immediately think they just didn’t see it in time or stepped the wrong way. But these kinds of accidents have nothing to do with what you did, and everything to do with why a pothole was there in the first place. That’s where things get tricky, and that’s when you start needing answers to legal questions. Our team at Maison Law can help you by:
- Explaining your options in clear, everyday language
- Finding out who controlled the area where you fell
- Gathering evidence before the pothole is repaired
- Handling talks with government agencies or insurance companies
- Making sure important deadlines don’t quietly pass
Timing matters more than most people realize. Potholes get patched, sidewalks get replaced, and construction crews move quickly. Evidence that shows what caused your fall can disappear in a matter of days. That’s why it helps to gather information as soon as possible after the accident.
What Should I Try to Document After I’m Injured by a Pothole?
Fresno is a great place to run. Between neighborhood streets, local parks, and walking paths, there are plenty of places people head out for their daily miles. That routine changes quickly when you’re injured in a fall. Once you’re able, the focus shifts to documenting what happened. Here’s how you can do that:
- Take pictures and videos of the pothole and surrounding area. These can show lighting conditions, visibility, and where the pothole sits along the path or sidewalk.
- Get the exact location. Instead of just noting the street name, try to include cross streets, nearby businesses, trail markers, or recognizable landmarks around where you fell.
- Keep anything that was damaged. Torn running shoes, ripped clothing, cracked watches, or damaged phones can all help show how the fall happened. Hold onto them before replacing anything.
- Get contact information from any witnesses. If someone saw you fall—or had noticed the pothole earlier—get their contact information. We contact them later and get their statement.
- Try to get official accident reports. If police, city staff, or park employees respond, ask how you can get a copy of any accident report. It also helps to write down what you remember once you’re able.
Every accident is different. But the information you get early on often becomes the backbone of your potential injury claim. And if you weren’t able to get these details at the scene, don’t worry—our team can help look into what happened and get more evidence later.
Who’s Responsible When a Runner Trips on a Pothole in Fresno?
This is usually the most difficult part of the entire process when you’re hurt by a pothole while out for a run in the city. Legal responsibility comes down to one key question:
- Who was responsible for maintaining the area where the fall happened?
Unfortunately, the confusion comes afterward. A lot of different people and groups are involved in these kinds of accidents. But most of the time, the legal responsibility for the accident is going to fall to:
- The city or county government if the pothole was on a city street or road maintained by Fresno County.
- The state government if the pothole was on a highway or state-controlled park or trail.
- Private businesses or homeowners if the pothole was in a parking lot or a private driveway or property.
Here’s the main issue: with so many different groups involved, fingers are going to get pointed and blame is going to get passed around. And while your options don’t change, the process does in these kinds of accidents.
What Kind of Claim Can a Runner File After a Pothole Injury?
Being injured while running doesn’t change your ability to file an injury claim. But the process can look different depending on who controlled the property where the fall happened. In most situations, things fall into one of two categories.
If the fall happened on public property—such as a city sidewalk, park path, or government-maintained area—the claim typically falls under the California Tort Claims Act (CTCA).
- Under this law, you usually have six months from the date of the accident to file a formal notice of claim.
- The state has 45 days to respond and your damages have to be more than $10,000. But once the notice of claim is filed, the process moves forward.
If the fall happened on private property—like a shopping center walkway, apartment complex path, or private parking lot—the process is more familiar. In those cases, you can typically:
- File an insurance claim outside of court.
- File a personal injury lawsuit in civil court.
Whether you file your claim through the CTCA or a private injury claim, the goal is to recover damages. That’s what you’re building toward, and your damages can include things like:
- Medical bills and follow-up care
- Physical therapy or rehabilitation
- Lost income if you had to miss work
- Replacement of damaged shoes, clothing, watches, or phones
- Physical pain and discomfort
- Anxiety about returning to running
- Long-term changes to your routine or activity level
Ultimately, what you’re able to recover is going to come down to the details and how well you present your case. But on the whole, the location of the pothole is what’s going to dictate how things play out.
Where Can Potholes Injure Runners in Fresno?
Most runners in Fresno have their usual routes—neighborhood loops, park paths, or sidewalks they’ve used dozens of times. Because those routes feel familiar, it’s easy to stop paying close attention to the pavement. That’s often when a pothole or damaged patch of concrete causes a fall.
- Neighborhood sidewalks. Older areas like the Tower District or neighborhoods near Fresno High School often have mature trees and older concrete sidewalks. Over time, roots and shifting pavement can create cracks, dips, or holes that are easy to catch your foot on.
- Park loops and running paths. A lot of runners head to places like Woodward Park or the trails near Roeding Park. While these are great spots to run, asphalt paths and walkways still wear down over time, especially with heavy use.
- Road shoulders where sidewalks disappear. Some Fresno roads don’t have continuous sidewalks, so runners move onto the shoulder. This happens a lot along stretches of Shaw Avenue or Herndon Avenue, where pavement damage can form along the edge of the road.
- Shopping centers and parking lots. Parking lots near busy areas like River Park Shopping Center see constant traffic. Over time, the asphalt breaks down, which can leave potholes runners don’t notice until they’re already stepping into one.
Most runners who get hurt this way weren’t doing anything wrong. They were simply using sidewalks, trails, or shoulders the way people do every day. But that hits differently when you’re the one that gets hurt and it happened in a spot that should’ve been fixed.
Free Consultations For Runners Injured by Potholes in Fresno
When you’re out for a run in Fresno, the last thing you expect is to trip and fall on a pothole. But this happens every day, and despite what the city or insurance companies say, it probably couldn’t have been avoided.
When you’re hurt by a pothole, our Fresno pedestrian accident lawyers at Maison Law can help you. We’ll explain your options, figure out who’s at-fault, and guide you through the claims process. Reach out today to set up a free consultation to get started.
