When you’re riding your bicycle, you have to be hyper aware of your surroundings. Not only do you have to be aware of vehicles, pedestrians, and your own movements, but you also have to factor in poorly maintained roads and bike lanes. The unfortunate reality of bicycles is that the slightest defect in the road-such as a pothole-can result in an accident.

When injured in a Los Angeles bicycle accident caused by a pothole, you may be wondering who is at fault. Generally speaking, the person or entity that is responsible for maintaining the road and keeping it safe for public use would also be responsible for your injuries in a bicycle accident. However, filing a claim against a government entity is vastly different from filing a normal injury claim.

Pothole Bicycle Accident in Los Angeles? Contact Maison Law For a Free Consultation

At Maison Law, we know the toll that a bicycle accident can take on you and your family. Whether it be physical recovery from injuries or emotional turmoil at not being able to work and provide for your family, a bicycle accident can have far-reaching implications on your life. So, when your accident is caused by the negligence of the city or some other person responsible for keeping the roadway in good condition, we can help.

How Do Potholes Cause Bicycle Accidents in Los Angeles?

As you might expect, potholes can wreak havoc on your ability to safely ride your bicycle. Generally, potholes occur for one of two reasons:

Poor repair work to try and temporarily fix the road, causing it to sink or crack soon after they are done.
Long-term wear and tear on the road causing surface breaks.

A key distinction in your accident caused by the pothole is what exactly caused the pothole to form. If the pothole resulted from poor repair work, then the entity (usually the city or state) that performed the maintenance would be liable for your damages.

However, if the pothole was formed from long term wear and tear on the roadway itself, timing is key. If the agency or entity in charge of the road took too long to fix the pothole, or if they neglected the road for so long that it caused surface breakage, that would be considered negligent, as they should have known that such a hazard existed and posed a threat to you and other bicyclists.In cases where the pothole formed within days or weeks and the agency simply hadn’t had time to respond and fix it, liability will be much more difficult to assert. Still, as the agency in charge of road maintenance, they will ultimately be responsible for your injuries that the pothole accident caused.

Who Maintains the Roads in Los Angeles?

The answer to this question depends on where exactly your accident occurred. The City of Los Angeles’ Bureau of Street Services, StreetsLA, is charged with fixing potholes and maintaining nearly 23,000 miles of road throughout the city. Not surprisingly given Los Angeles’ mammoth size, the city has the single largest municipal street network in the country. This can make fixing issues like potholes daunting, but not impossible.

In fact, StreetsLA performs minor repairs and street maintenance every day, and specifically as it relates to pothole fixes, aims to fix any pothole by the next business day after a request is made.

Elsewhere, the California Department of Transportation (Caltrans) is the state entity responsible for maintaining the roads that fall outside of the city’s jurisdiction. Overall, Caltrans has 80,000 miles of road to maintain, and Los Angeles falls in District 7 of Caltrans Maintenance Region.

Generally speaking, Caltrans is responsible for maintaining highways and state route roadways, while city streets fall to StreetsLA to maintain. So, if your accident occurred on a city street, the city would be responsible for your damages, but outside of that, Caltrans would be the entity responsible.

What Are Some Common Injuries From a Pothole Accident in Los Angeles?

As with any accident, injuries are likely to result from a bicycle accident caused by a pothole. There are two main causes of pothole accidents:

You hit the pothole, which throws you off your bicycle, usually straight over top of the handlebars.
You try to swerve away from the pothole, but that throws you into the path of a vehicle or object.

In either instance, you could suffer the following injuries:

Lacerations
Broken bones
Dental injuries
Spine and neck injuries
Concussions and traumatic brain injuries
Internal injuries
Wrongful death

Unfortunately, injuries in these types of accidents are often relatively serious, especially when you injure your head, neck, or spine. As such, these injuries necessitate substantial and ongoing medical care that could last the rest of your life. Thus, getting compensation is vital to your quality of life and helping you pay your medical bills.

Claims and Damages in a Los Angeles Pothole Bicycle Accident

Filing a claim for damages against either the City of Los Angeles or the State of California requires a different procedure than a normal insurance claim or lawsuit does.

For one, both are government entities that require two things prior to bringing a claim:

Damages in excess of $10,000
Formally filing a Notice of Claim within six months of the accident

Once these two requirements are met, both the city and state have 45 days to respond to the claim. In this time, they will typically investigate the accident, and determine their level of fault before either accepting the claim and getting you a payout based on your damages or they will deny the claim outright.

In the vast majority of cases, the government entities will deny the claim, forcing you to have to file a lawsuit to recover damages and using their significant resources to challenge your suit.

However, depending on the circumstances of your claim and extent of your injuries, your damages could be substantial. Typical damages in a Los Angeles pothole bicycle accident include:

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

Again, the key to recovering damages in these types of accidents is establishing which government entity was in charge of maintaining the road, whether or not they were negligent in their maintenance or inaction to fix the pothole, and the extent of your injuries and other damages.

Free Consultations For Los Angeles Pothole Bicycle Accident Victims

When a poorly maintained road has potholes, the resulting bicycle accident that you could be involved in may have long-term impact on your life, especially if you suffer significant injuries. When these unfortunate events occur, our team of skilled, experienced Los Angeles bicycle accident lawyers at Maison Law can help you.

We have years of experience in dealing with these types of claims, and will stand up to whatever government entity was responsible for not keeping the roads safe. If you’ve been injured by a pothole accident in Los Angeles, don’t hesitate to contact us today to schedule a free, initial consultation with our office.

Pothole Bicycle Accidents in Los Angeles