If you’ve spent any amount of time riding your bike around Los Angeles, you know how big of a factor the road conditions can have on your ride. Things like potholes, uneven pavement or improperly marked bike lanes can lead to serious accidents. And serious accidents are often accompanied by serious injuries.
The question, then, is who is responsible if poor road conditions cause your bike accident? While the City of Los Angeles has some responsibility to maintain its roads, The California Department of Transportation (Caltrans) is responsible for overall design, construction and maintenance of nearly 50,000 miles of road statewide. This responsibility includes making sure the roads are safe for the public, including those that ride their bike to get around.
Knowledgeable and Skilled Representation From Los Angeles Bicycle Accident Lawyers
When facing a bicycle accident because of the failure of Caltrans to properly maintain the road, you may be wondering where to turn. On top of dealing with your injuries, your path to compensation must go through the State of California and all of the bureaucratic red tape involved.
In these situations, the knowledge and skill of our bicycle accident lawyers at Maison Law can be vital to your claim. We know how to approach state entities, the requirements for doing so, and handle all the day to day responsibilities of a claim so that you can focus on recovery. To learn more, contact us for a free consultation.
What is Caltrans and How Are They Responsible For a Bike Accident in Los Angeles?
As the primary government entity responsible for the maintenance and function of roads in California, the California Department of Transportation, or Caltrans, has a duty to make sure that roads are properly maintained and safe for the public to use. Generally speaking, Caltrans oversees any maintenance, design, and construction of roads in our state. Day to day, they handle various issues and defects in roads, such as:
- Potholes
- Steep shoulder drop-offs
- Uneven pavement
- Deep cracks in pavement
- Damaged or improperly placed sewer or storm sewer grates and manhole covers
- Trenches or temporary paving
- Malfunctioning traffic lights
- Unmarked or poorly marked lanes
In the event that an improperly maintained road caused your bike accident in Los Angeles, Caltrans could be found liable for your damages. However, as a government entity, the process for filing a claim is a bit different than filing a claim against a private citizen.
Process For Filing a Claim Against Caltrans
Most likely, if you’ve suffered injuries as a result of a bike accident caused by one of the above conditions, you should be able to file a claim for damages against Caltrans. However, bringing that claim can be difficult. There are two main requirements for initiating a claim against Caltrans:
- Damages Requirement – excess requirement for your damages that must be met and subsequent requirements for informing Caltrans. Basically, if your damages exceed $10,000, you must file and properly serve a Notice of Claim against Caltrans before you can file a lawsuit against it.
- Timing Requirement – There is also a time requirement for this notice, which must be filed within six months of the date of your accident.
Failure to meet any of these requirements means you won’t be able to pursue damages against Caltrans, meaning you could miss out on much needed compensation for your injuries.
Caltrans Response
Not only do you have to serve Caltrans with a Notice of Claim within six months of your accident, Caltrans has further protections in place to allow them time to investigate your claim and properly respond. Under the law, Caltrans has:
- 45 days to respond in writing to your Notice of Claim.
In some cases, Caltrans and you can stipulate that they be given more time to investigate and respond to your claim. In their response, Caltrans can either accept liability and issue payment for your damages (which can take up to 8 weeks) or they can deny your claim. If they deny the claim, you will have to file a lawsuit to recover damages.
Common Injuries In Caltrans Bike Accidents
When roadway hazards or defects cause a bike accident, injuries to your head, face, and neck are likely to result. Worse yet, you could be sent into oncoming traffic by the defect in the roadway, which can lead to much more serious injuries should you be hit by a moving car. Among the more common injuries in these types of bike accidents are:
- Lacerations
- Broken bones
- Dental injuries
- Spine and neck injuries
- Concussions and traumatic brain injuries
- Internal injuries
- Wrongful death
While helmets and other protective equipment offer some protection in these types of accidents, they won’t always shield you from injuries, especially if you’re thrown over the handlebars by a pothole or try to avoid a hazard and are sent headlong into oncoming traffic.
What Can I Recover In a Caltrans Bike Accident in Los Angeles?
As long as you meet the proper filing and notice requirements, you can pursue a claim for damages against Caltrans. Part of your claim will be establishing the fact that Caltrans was negligent in its care for the roads and that this caused your accident. Negligence is key for determining liability, and generally has four elements:
- Duty of Care – Caltrans had a duty to keep the roadway properly maintained and safe to avoid harming others.
- Breach of Duty – Caltrans breached that duty by failing to properly maintain the road.
- Causation – The breach of duty caused your bike accident in question.
- Damages – Your bike accident resulted in injuries and other losses.
With negligence established, liability will be set. California does have “comparative negligence” laws that reduce your compensation by whatever your percentage of fault was in the accident. However, your ultimate claim for damages can include the following:
- Costs of medical treatment and care
- Loss of income, future lost wages, and benefits
- Reductions in future earning capacity
- Pain and suffering caused by physical injuries
- Impairments, disfigurement, and disabilities
- Loss of enjoyment of life
Consult With an Experienced Los Angeles Caltrans Bike Accident Lawyer
No matter how careful you are, bicycle accidents can still happen in Los Angeles. But when your accident is caused by forces outside of your control, like a pothole or other defect in the road, the resulting injuries can be quite serious.
When these unfortunate events occur, you need a skilled Los Angeles bike accident lawyer on your side to hold Caltrans and the state accountable. Maison Law has years of experience in dealing with these types of claims, and can help you get the support that you need to be on your way along the road to recovery. To schedule a free consultation with our team, contact us today.
