Yes. In many cases. Los Angeles is liable for keeping stretches of sidewalk around the city safe for travel. L.A. is also usually liable for the damage tree roots do and the bicycle accidents that crumbling sidewalks can cause. In some cases, homeowners and businesses are liable for the condition of sidewalks outside their properties.
A crash caused by bad sidewalks can cause injuries and pain, and afterward, cyclists can also get a headache from trying to figure out who is responsible. A skilled Los Angeles Bicycle Accident Lawyer can help you determine just who is accountable after a wipe-out caused by a gap or crack in a sidewalk. Contact Maison Law for a free, no-obligation discussion about your options and the fastest route to getting help with recovery.
Who Is Responsible for Bicycle Accidents Caused by Sidewalk Damage in Los Angeles?
Cyclists can be cruising down sidewalks in Los Angeles when disaster strikes. Their tires can catch in a wide gap between the sidewalk and the curb. Their bikes stop, but the riders are sent flying to the ground, or even into traffic. Tree roots growing up through the sidewalks can also knock riders off course and send them to the concrete to suffer a serious injury.
Victims will naturally want to know who is responsible for the stretch of sidewalk so they can file lawsuits to get help with recovery costs. But figuring out who is to blame can be tricky in Los Angeles.
The issue of liability becomes critical when riders face stacks of medical bills and lose income while out of work. The City of Los Angeles used to accept accountability for fixing most all sidewalk damage. Unfortunately, that became expensive.
City of Los Angeles Responsibility
Here are a few of the instances where the City of L.A. would usually be financially accountable for bicycle crashes.
- Accident on damaged sidewalks around city-controlled land and buildings. This might include sidewalks around parks and government buildings, like parking decks and city offices.
- Sidewalk Damage caused by city trees. Roots, branches falling, etc.
L.A.’s Bureau of Engineering tries to repair some sidewalks with the worst damage each year. Priority is given to areas where access for the disabled is most challenging.
The city may repair a stretch of sidewalk, but that doesn’t mean they are responsible for accidents that occur later. As part of a frequently used “fix and release” program, city crews can repair a sidewalk, but then still leave nearby property owners with liability for any subsequent accidents.
Overall, Los Angeles tries to deflect blame for sidewalk crashes, yet the city pays millions of dollars in injury settlements each year. A skilled Maison Law attorney can help you navigate the complex process of suing the city and assist you in winning substantial support to get you healed and back on your bike again.
Property Owner’s Responsibility
Sidewalk accidents that occur outside a home or business can be the property owner’s responsibility. They have a duty to maintain safe sidewalks lining their properties.
As mentioned above, Los Angeles fixes a rotating section of sidewalks each year, including around private property, but property owners are still liable for any injuries that are suffered.
Owners sometimes have to pay for repairs to sidewalks on their property to avoid liability for potential accidents. However, homeowners and business owners can apply for financial help with those costs. The program is explained on the city’s website.
Victims can seek settlement from an owner’s homeowner’s insurance. Businesses will have commercial liability insurance for victims to draw from. Of course, this support is never guaranteed. Insurers keep their profits high by denying accident claims, even when homeowners are fully responsible. A Los Angeles attorney can help you avoid insurance tactics by backing your case with evidence.
Types of Bicycle Sidewalk Accidents Most Common in Los Angeles
Visitors to Los Angeles are often surprised by the condition of the sidewalks in the city. People walking have more time to go around broken concrete and tree roots. However, a cyclist going full speed may have less time to notice a crack in a sidewalk and steer clear.
They can strike an edge on uneven surfaces or bounce over a pothole to be thrown off a bike. Victims might come away with severe concussions, broken bones, and permanent scars.
These are just a few of the dangers that can land victims in the emergency room at Los Angeles General Medical Center:
- Cracks in sidewalks
- Large gaps between sidewalks and the curb
- Crumbling concrete
- Uneven surfaces
- Roots growing through concrete
- Construction project damage to sidewalks
- Intersections with no curb cuts (ramps replacing sharp drop-offs)
A skilled bicycle accident lawyer would investigate the hazard and determine fault. The obstacle’s history would also be researched. If a crumbling sidewalk had been reported by others as dangerous and the city, or a property owner, failed to take quick action, victims would usually have an easier time proving fault and collecting support.
A tree root or a crack in a sidewalk may have caught the tires of other bicyclists and caused previous crashes. This type of evidence would only strengthen a rider’s case.
The Challenges of Suing The City of Los Angeles After a Sidewalk Accident
You should strongly consider having a legal representative when you must demand accident support from a City or County department.
Lawsuits filed against a city quickly become complex, and the deadlines can be tighter. This is because city governments enjoy special protections against litigation.
Cyclists going up against homeowners in a normal personal injury lawsuit would have up to two years to file an injury claim. But when a government entity is involved, the statute of limitations shrinks to a few months, usually 6 months in total. Miss that deadline, and you likely have to cover all of our own medical bills and other damages.
You also have to notify the city of your injuries and your intent to file a claim. You are basically seeking permission to ask for help. This can seem ridiculous, but it’s a requirement that the government can hide behind.
However, a skilled lawyer can turn the tables for you. Your Maison Law representative handles the complicated filling out and filing of the paperwork involved. Your lawyer makes sure you don’t miss sneaky deadlines. Your lawyer backs your case with evidence when lawyers working for the city try to poke holes in your case.
Your lawyer can often earn you much more than you could by taking on the city yourself. Your lawyer handles your case from start to finish, so you can focus on healing and returning to the rides you love.
Are Bicycles Technically Allowed on Sidewalks in Los Angeles?
Yes, bicycles are allowed on almost all sidewalks in Los Angeles. Riders can use the sidewalk to avoid unsafe streets as long as they can do so safely.
They must only hop on a sidewalk if they can…
- Do so without harming other people
- Do so without harming property
Riders on sidewalks must always yield to pedestrians and follow traffic laws at crosswalks.
Cyclists can check out Maison Law’s expanded article on sidewalk riding in Los Angeles here.
Contact a Los Angeles Bicycle Accident Lawyer After an Accident
If you are seriously hurt in a sidewalk wipe-out, and the hazard is to blame, you could probably benefit from having a lawyer on your case. To get started, Maison Law offers a free case consultation to all Los Angeles accident victims. It’s a confidential meeting, and there’s never any obligation.
If we handle your case, we’d demand full compensation for your current medical bills and any that may arise in the future. We’d ask for support to pay for bike repairs or replacement. The income you lost while rendered unable to work must be reimbursed. Our lawyers would also ask for additional compensation for the pain you’ve had to endure and the emotional trauma you must cope with during a difficult recovery.
It’s important to note that you don’t have to have a lot of money 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 for you. Then our fee is covered out of the settlement check you received.
