Bike Accidents Caused by Potholes in Modesto

If a hazardous pothole in a bike lane or sidewalk has caused you to suffer serious injuries in Modesto, you may be wondering who can be held responsible. But trying to recover from your injuries and conduct an investigation at the same time can become overwhelming, to say the least. But that’s where Maison Law can help. Our law firm makes the process quick and easy by finding the party responsible, contacting the insurance company, and negotiating fair compensation on your behalf. Don’t waste another second trying resolve your bicycle accident injury on your own. Contact Maison Law today for a free case review and get the legal help you need.

Do I Need a Lawyer for a Bicycle Accident Caused By a Pothole?

Bicyclists in Modesto have the same legal rights after being injured in an accident as someone driving a car, truck, or motorcycle. So, if your accident was caused by a hazardous pothole in the road, then you are entitled to recover damages in the same way a car accident victim would.

Unfortunately, recovering essential compensation can become challenging when insurance companies offer victims the lowest amount possible for their injuries. It can also be exceptionally difficult for bicyclists who are often blamed for causing accidents on the road. But that’s where Maison Law can help. Our firm will manage your accident claim and ensure the insurance company compensates you for the following damages:

• Economic damages: financial damages you incurred due to the accident.
  • Medical bills
  • Lost Wages
  • Loss of future potential earnings
  • Loss of property
  • Cost of property repair or replacement
• Non-economic damages: these are subjective, non-compensatory damages.
  • Pain and suffering
  • Emotional distress
  • Depression
  • Anxiety
  • Loss of consortium
• Punitive damages: these are damages awarded to serve as punishment to the at-fault party.
  • Reckless behavior (DUI, street racing)
  • Actions performed out of spite

How Road Hazards Cause Bicycle Accidents

Hazards can form over time, or all of a sudden, but their usual cause is due to someone neglecting to repair them or make sure they won’t cause harm to another person. For cyclists, hazardous conditions can make it difficult to stay upright and avoid falling or colliding with other riders or passing vehicles. A hazard like a pothole will force cyclists to:

• Lose traction: The uneven terrain or sudden drop of a pothole can reduce tire traction. Without tire traction, a cyclist is unable maneuver safely or control where they are going, increasing the risk of a serious accident.
• Balance disruption: Sudden road surface changes like potholes can significantly impact a rider’s balance. Most cyclists are balancing on two tires at all times, so the slightest disruption can easily lead to them losing control of the bike.
• Sudden stopping: If a cyclist notices a pothole at the last minute, they may be forced to make a sudden stop. Even if they avoid a pothole, a sudden stop could send them over their handlebars and into the road.

Who is Liable for a Bicycle Accident Caused by a Pothole?

Determining liability for a bicycle accident 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 bicycle accident, then please don’t hesitate to call, text, or stop by our offices for a free case review.

What the Law Says About Premises Liability

If an individual, company, or government entity fails to exercise reasonable care over their property and someone gets injured, they can be held liable for damages according to California’s Civil Code 1714(a), which states:

“Everyone is responsible, not only for the result of his or her willful acts but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary car, brought the injury upon himself or herself.”

Proving Premises Liability

If you file a premises liability lawsuit against a property owner or corporation due to a pothole causing your bicycle accident, you will be considered the plaintiff, and the liable party will be considered the defendant. To recover damages from the defendant, you must establish the following:

• The defendant owned, leased, or controlled the property
• The defendant was careless and did not maintain the property in a safe manner
• You were harmed by crashing or falling on the property
• The defendant’s careless action or hazardous conditions caused you harm

In a premises liability case, a property owner is considered careless when they:

• Allow a hazardous condition to exist on their property
• Knew, through the exercise of reasonable care, that this condition existed
• Fail to repair the hazard, or warn others about the condition

What Should I Do After a Pothole Bicycle Injury?

If you are injured due to a hazardous condition like a pothole while riding your bike, seek medical attention immediately. Nothing is more important than your health. After you get medical care, it is recommended to:

• Report the injury to the police or property owner (if applicable). Premises liabilities require a prompt investigation, especially if they occur on property owned by a corporation. Reporting the injury will also help your case if you decide to file a premises liability claim against the property owner.
• Take your own photos of the scene and get witness statements. Hazardous conditions can be removed or remedied very quickly to prevent more accidents, so it is important for you to capture the dangerous environment while it is still there.
• Follow up on your injuries with a doctor. Any injuries you’ve sustained from your accident will become a part of your case, and you will need a doctor to corroborate your injuries.
• Contact Maison Law to protect your rights to compensation. Most accident victims find themselves overwhelmed by the incident and fail to realize the enormous impact a serious injury can have on their lives. Our attorneys can help you understand your legal options and get you the compensation you need to make a full recovery.

What is a Bike Accident Caused by a Pothole Worth?

When a lawsuit is filed by an attorney on behalf of an injured bicyclist in a personal injury case, a settlement may be offered at any time. In fact, nearly 95% of civil cases are resolved through settlement deals, rather than with a jury verdict in a trial. So, a settlement is the likely outcome. Before you decide whether or not to settle, you need to understand how much your lawsuit is worth. The value of your case will largely be determined by the following damages:

• Medical bills
• Property damage
• Pharmaceuticals, wheelchairs, crutches, or whatever else is needed to help you live with your injury
• Lost wages

Another determining factor in the value of your case is non-economic damages, which include:

• Pain and suffering caused by your injuries
• Stress and anxiety due to the nature of your accident
• Your mental state after a life-changing accident
• Loss of consortium (to be filed by an immediate family member due to loss of love or companionship)

Victims are eligible to request more money for their non-economic damages if they:

• Had a long recovery period
• Required invasive medical treatment, or medical treatments that were ongoing
• Were particularly painful injuries
• Had obvious physical signs of the injury like scars, or loss of a limb
• Contained severe injuries that resulted in permanent physical alterations or disability

How to Report a Pothole in Modesto

Potholes in Modesto are a common issue due to consistent rainy seasons, winter weather, and erosion from usual traffic pressure. Fortunately, Modesto has a pothole repair program through their Public Works Department, which can be contacted to repair streets, alleys, curbs, gutters, and sidewalks on government property. Here’s how you can report a pothole in Modesto:

• Call Street Services at 209-342-2244 and provide the potholes location, size, and the hazards it presents.
• Submit a Report Online at the city’s service request portal, (Go Modesto!) here.
• Contact Stanislaus County via the Connect app or by reaching out to their Public Works division at 209-525-4130.

Contact Maison Law | Modesto Bicycle Accident Lawyers

At Maison Law, we make it easy for you to get a lawyer, get paid, and get your life back after a bicycle injury caused by a pothole. We understand how difficult recovering from a bicycle accident can be, which is why we manage all aspects of your claim, so you can focus on recovery. If you’re concerned about how time-consuming the legal process might be, you have nothing to worry about.

Our goal is to secure maximum compensation on your behalf quickly and efficiently. So, don’t wait until it’s too late to take legal action. Contact us today for a no-cost, no-obligation consultation.