Maison Law represents runners injured in pothole accidents in Merced. Unrepaired or newly formed potholes present a serious hazard for runners, especially on roads with uneven surfaces, making a pothole hide in plain sight. Injuries caused by potholes can be life-altering, causing serious damage to a person’s livelihood and well-being. In many cases, it is necessary to take legal action against the party responsible to receive financial compensation to recover the high cost of medical bills, missed time at work, and the mental trauma after a horrific injury.
So, don’t wait until it’s too late to take legal action for a pothole running injury in Merced. Get the legal help you need and contact Maison Law today for a no-cost, no-obligation case evaluation.
Do I Need a Lawyer for a Running Injury Caused by a Pothole?
With ideal running spots like Rahilly Park, Bear Creek, and the Merced College Track, the city of Merced is an ideal place for runners. But if there’s an unrepaired pothole in any of these locations, serious injuries can happen.
If a pothole running injury caused you to seek medical treatment or altered your daily life in any way, then it is advisable to consult with one of our attorneys at Maison Law. These types of injury cases can be complex, depending on who allowed the pothole to exist in an area where people commonly run. Fortunately, our law firm has the resources to:
- Explain how the law works and what your options are.
- Investigate the accident to figure out who might be responsible.
- Handle all the back-and-forth with an insurance company or government agency.
Most personal injury lawyers offer free initial consultations. During an initial consultation, you are under no obligation to hire the attorney or pay them a fee for their services. In the same breath, an attorney is under no obligation to represent you in your personal injury case. Before your first meeting with a potential lawyer, you should be prepared. You can present your case to a lawyer in a professional manner by:
- Jotting down the key points in your case to share with them, or give them a written copy
- Bring the names, addresses, and telephone numbers of everyone connected with the case
- Bring all papers related to the case as they might be helpful for the lawyer to review
- Prepare questions for the lawyer such as:
- Have they handled similar cases to yours?
- Did they settle or go to trial?
- How many clients have they represented in court?
- How many trial cases have they won?
The more prepared you are, the better your initial consultation will be. Be aware, that if a lawyer is unprepared to answer your questions or makes bold promises about the outcome of your case, then you may want to consider speaking with a Personal Injury Attorney at Maison Law.
Who is Liable for Injuries Caused by a Pothole?
Determining liability for injuries caused by a pothole can be difficult, but ultimately, the party responsible will be discovered through the details of the accident. For example, a road or sidewalk could be maintained by the following parties:
- Government entity: city or state agencies in California are typically responsible for the maintenance of the roadways, so if a pothole is left unattended, the government could be held liable.
- Construction companies: if a construction zone is poorly marked or maintained, resulting in a hazardous pothole, they can be held responsible for their careless actions.
- Private property owners: if a road hazard is on private property, such as a parking lot or driveway, the owner may be at fault if they fail to maintain the area.
Potholes left in the road are considered a premises liability because someone has allowed public or private property to be unsafe. So, once it is determined who is at fault, they can be served with a premises liability lawsuit. If you believe that a premises liability caused your pothole accident, then please don’t hesitate to contact Maison Law for a free consultation.
Information That Can Help After a Running Injury Caused by a Pothole
Most people don’t really expect to be injured in an accident with a pothole while out for a run. But the reality is that it can happen in the blink of an eye—no matter how careful you’re being. At that point, your focus should first turn to getting to a safe place, reporting the accident, and getting medical care.
However, it’s also an important time to get certain information right there at the scene like:
- Pictures of the pothole from multiple angles, surrounding street signs, landmarks, and your injuries.
- Contact information from any witnesses or bystanders.
The thing about this type of situation is that it changes quickly—usually right around the time that you or somebody else reports the accident. That’s why pictures of the scene are so important. But there’s other things you’ll need that won’t be available until later, like:
- Your medical records
- A police or incident report
- Progress pictures of your injuries
- Notes about how your life has changed since the accident
- Expenses related to the accident you’re now dealing with
Obviously, every situation is different. But these things are going to be pretty universal because they’ll serve as the foundation of your claim. And as you’ll find out if you decide to go ahead with a claim, the exact location of the pothole is going to matter.
Where Can Potholes Cause Running Injuries in Merced?
Merced has plenty of places where people run, whether it’s around their neighborhood, through a local park, or along one of the city’s walking paths. Most of the time, those runs go exactly as planned. But when sidewalks or pavement aren’t properly maintained, a simple pothole can quickly turn into a serious fall.
Some of the more common places these accidents happen include:
- Neighborhood sidewalks. Older neighborhoods throughout Merced can have cracked sidewalks, uneven concrete, and potholes that become fall risks over time, especially when they’re not taken care of.
- Parks and walking paths. Popular spots like Applegate Park, Rahilly Park, and trails around Lake Yosemite see plenty of runners, but with such use, pavement breaks down pretty quickly.
- Road shoulders. When sidewalks disappear, many runners move onto the shoulder of the road, where broken pavement and potholes are harder to spot or unavoidable if drivers don’t account for you.
- Shopping centers and parking lots. Places with constant vehicle traffic can develop potholes that create dangerous conditions for you if you have to cross parking lots or walkways on your run.
Most people injured this way weren’t taking unnecessary risks—they were simply out for a run. When a pothole or damaged stretch of pavement causes a serious fall, it’s fair to ask why it hadn’t been repaired before someone got hurt.
What Does the Claims Process Look Like After a Pothole Running Injury in Merced?
If you’re injured because of a pothole while you’re out for a run, your ability to file a claim usually comes down to one thing: where the accident happened.
- If you were running on a public sidewalk, trail, street, or another area that the city or state government is in charge of, your claim will likely fall under the California Tort Claims Act (CTCA). Generally, that means:
- You have six months from the date of the accident to file a Notice of Claim.
- The government agency reviews your claim and decides whether to accept or deny it within 45 days
- If your claim is denied or they don’t answer within that 45 day timeframe, you usually then have the right to file a lawsuit in state court.
- If your fall happened on private property—like an apartment complex, shopping center, business, or private parking lot—the process is usually more straightforward. You can typically:
- File an insurance claim
- File a personal injury lawsuit
No matter which process applies to your accident, the goal is the same: recovering financial help for the losses you’ve gone through, which usually involves:
- Medical bills and ongoing treatment
- Physical therapy or rehabilitation
- Lost income if you couldn’t work
- Damaged personal property, like your phone, smartwatch, or running gear
- Pain and suffering
- Emotional distress
- Reduced quality of life
Every claim is different, and there’s no guarantee of a particular outcome. But knowing who was responsible for maintaining the property is usually what determines how your claim moves forward.
Get Legal Support for a Running Injury Caused by a Pothole
If you’ve been seriously injured while running due to a hazardous condition like a pothole, it is recommended to consult with one of our Premises Liability Lawyers at Maison Law. Premises liability lawsuits against the government can become complex matters, especially when they deny fault or attempt to blame you for causing your own injury. This can put injured victims in a difficult situation when it comes to covering their medical bills, lost income, and other costs associated with their injury. But that’s why we founded Maison Law.
We offer injured victims in Merced protection from liability and a way to receive compensation after suffering a running injury. To see what legal options are available for your situation, contact Maison Law for a no-cost, no-obligation consultation today.
