Maison Law can help you if you’ve been injured in a bicycle accident in Merced. Most people don’t expect a pothole to send them to the emergency room. But when it does, it leaves you facing a lot of unanswered questions. We can help answer those questions and guide you through the process. Set up a free consultation today.
When a Lawyer Makes Sense After a Pothole Bicycle Accident
For something as simple as a pothole, the damage it can cause when you’re on a bike can be anything but minor. Unfortunately, the bigger challenge usually comes after the accident: figuring out why the pothole was there in the first place—and who was supposed to fix it.
When you’re already dealing with injuries and other problems, answering questions about who was responsible for the pothole can be too much to handle. That’s usually when talking to a lawyer makes more sense, and that’s where our team can step in to help you by:
- Explaining your legal options
- Figuring out who was responsible for the pothole and the rest of your accident
- Getting important evidence before the pothole gets repaired
- Handling talks with insurance companies and government
- Making sure important deadlines don’t get missed
Most people simply want to recover without worrying about paperwork or legal deadlines. We’ll handle the legal side while you focus on getting back on your feet.
What Information Should I Try to Get After the Accident?
After any bicycle accident in Merced, your health comes first. Get somewhere safe and call 911 to get an ambulance so you can take care of any immediate injuries. But with a pothole, early documentation is also pretty important. So if it’s safe, try to get:
- Pictures of the pothole from multiple angles to show its size and depth. It’s also important to get pictures of the surrounding road, bike lane, signs, and anything else that helps show what happened.
- The exact location, with a focus on the street, intersection, or nearby landmark
- Pictures of your damaged bike or gear before anything is repaired or replaced.
- Names and contact information for anyone who saw the accident.
These things are important, but again, they’re not more important than your health and safety. And documentation doesn’t stop at the scene. There’s a few things that are also important, but won’t be available until the days/weeks after, like:
- Medical records and bills from appointments and treatment related to your injuries.
- Progress pictures of your injuries as they heal (or don’t heal.)
- Receipts for bike repairs, replacement gear, and other out-of-pocket costs.
- Records if your injuries caused you to miss work or lose wages.
- Notes about how your injuries are impacting your daily life while everything is still fresh.
No two pothole bicycle accidents are exactly alike. The more information you have, the easier it is to answer extremely important questions about responsibility.
Who’s Responsible for a Bicycle Accident Caused by a Pothole in Merced?
Most pothole accident claims come down to one simple question:
- Who was responsible for maintaining that stretch of road?
While it’s true that most of the roads, lanes and paths in Merced are controlled by the government, that’s not always the case. That’s why location is so important, but it’s also about the other details, too. So, when you think a pothole caused your bike accident, responsibility could fall on:
- The City of Merced, Merced County, or Caltrans. Different government agencies are responsible for maintaining different roads. If the pothole was on a public street or highway and it wasn’t fixed within a reasonable amount of time, the government could be on the hook for your injuries
- A maintenance contractor. Cities and counties usually hire private companies to perform road work. If poor repairs or unfinished work created the pothole or made it more dangerous, that company could also be responsible.
- A private property owner. Not every pothole is on a public road. If your accident happened in a parking lot, apartment complex, or another stretch of road that’s privately managed, the property owner or management company may be responsible.
What Does the Claims Process Look Like After a Pothole Bicycle Accident in Merced?
Obviously, the claims process can look very different when there’s a pothole that causes your bicycle accident. And most of that comes down to whether it was controlled publicly or privately. Here’s a look at both:
- CTCA claim. If the pothole was on a public road or property, it’s likely that your claim will fall under the California Tort Claims Act (CTCA). With a CTCA claim:
- You have six months from the date of the accident to file a Notice of Claim. Once that’s taken care of, the process moves forward with;
- The government agency has 45 days to look over the claim and decide whether to accept or deny it.
- If they deny your claim—or they don’t make a decision within those 45 days—you may then have the right to file a lawsuit in state court.
- Private injury claim. If the pothole was on private property, the claims process looks more familiar. It’s where you file either:
- An insurance claim outside of court.
- A personal injury lawsuit in civil court.
In most injury cases, California gives you two years from the date of the accident to file a lawsuit. No matter which process applies, the goal is to get damages relating to your:
- Medical bills
- Future medical treatment
- Lost wages
- Reduced earning capacity
- Bicycle and equipment repairs or replacement
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Wrongful death damages if a loved one was killed
Get Help From Maison Law After a Pothole Bicycle Accident in Merced
Whether you’re riding across town, to class at UC Merced, or enjoying one of the area’s bike routes, you shouldn’t have to worry about potholes and other hazards causing a serious accident. If you’ve been injured because of a pothole or another dangerous road condition, Maison Law is here to help. We’ll explain your options, figure out all might be responsible, and guide you through every step of the claims process.
Reach out today for a free consultation. We’ll answer your questions and help you figure out the best path forward.
