Maison Law represents injured runners in Modesto. Unrepaired or newly formed potholes present a serious hazard for runners, especially on roads with uneven surfaces, making a pothole hide in plain sight. The sudden change in terrain when you step into a pothole can cause you to seriously damage your ankle or take a nasty fall onto concrete, resulting in severe injuries.
If you or a loved one has suffered a running injury due to a pothole in Modesto, Maison Law can help you recover compensation. Take the first step toward recovery by contacting Maison Law today for a no-cost, no-obligation case evaluation.
Do I Need a Lawyer for a Running Injury Caused by a Pothole
Potholes are a significant hazard for runners and can easily cause accidents due to loss of control, hard fall, or collisions with traffic. These hazardous conditions are difficult to detect and often send runners tumbling into even more dangerous situations, furthering their injuries. Allowing these conditions to exist where runners typically run is inexcusable, and that’s why our Personal Injury Attorneys at Maison Law will not hesitate to take legal action if you’re injured due to a pothole while running in Modesto.
Our firm protects injured victims from liability and ensures they are compensated 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.
- Intentional carelessness
- Actions performed out of spite
Common Running Spots in Modesto
Modesto is an ideal place for runners with lots of flat terrain, scenic trails, and agreeable weather. So, when there is a pothole in common running spots in Modesto, it is expected to be repaired quickly by the property owner or government entity, to prevent someone from getting seriously injured. Common running spots in Modesto include:
- Dry Creek Trail: regarded as the most popular spot amongst Modesto runners, it is a paved trail with 13+ miles of runway that connects to multiple parks, allowing runners, walkers, and bikes plenty of space to share the outdoors.
- Graceada Park: a tree-lined path that provides a short loop for runners looking to get in a more track-focused session.
- Tuolumne River Regional Park: offers scenic views along the river and provides more nature-focused routes for runners.
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.
What Should I Do After a Pothole Bicycle Injury?
If you are injured due to a hazardous condition like a pothole while running, 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.
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.
What the Law Says About Premises Liability
California Civil Code 1714a specifies that a person can be held responsible for injuries resulting from reckless, careless, or intentional acts, even if they never meant to cause harm. This law especially applies to property owners, businesses, or government entities who fail to create a safe environment for runners. California’s Civil Code 1714(a) 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.”
How Do Pothole Injuries on Public Property Differ From Injuries on Private Property?
If you suffered a pothole injury in a public place due to a hazardous condition, pursuing damages can be more complicated than if you were to file a lawsuit against a private property owner. Public spaces are owned by the government. So, instead of filing a lawsuit against a company or individual, you would be filing a lawsuit against the government. One of the major differences between government entities and private property owners is that the government can claim “sovereign immunity.” Sovereign immunity essentially means that a government entity is not liable for injuries caused by the government entity or its employees as they are fulfilling their duty.
However, the California Tort Claims Act gives exceptions in which the government can be held liable for damages in cases of excessive carelessness (drunk driving, knowingly ignoring hazards, etc.), or corruption. Depending on the circumstances, suing the government for a skateboard accident can be an incredibly challenging process. You will need an experienced tort lawyer who understands government liability to navigate the complex legal process.
Get Legal Support for a Pothole Injury in Modesto
If you’ve been seriously injured while running due to a hazardous condition, it is recommended to consult with one of our Personal Injury Lawyers at Maison Law. Premises liability lawsuits can become complex matters, especially when the property owner denies fault or attempts to put the blame on you. This can put injured runners like yourself in a difficult situation when it comes to covering their medical bills, lost income, and other costs associated with their injury. So, don’t wait until it’s too late to take legal action and protect your right to compensation. Contact Maison Law today for a no-cost, no-obligation consultation.
