Yes. In some cases. But in some areas, the local city government may be liable for the safe upkeep of sidewalks. Some cities hold homeowners or business owners liable for the sidewalks in front of their properties.
Determining the proper party that is responsible for your accident and injuries can be a complex but critical task. A skilled California bicycle accident lawyer can help you determine who to file your claim with and show you how to earn the biggest settlement for your recovery.
We offer a no-risk, free case consultation to all cyclists who are injured due to sidewalk and roadway hazards. It’s a chance to see what your injury is worth and find the best and fastest way to get help with your medical bills.
Sidewalk Crack Bicycle Accident Dangers
Cyclists must already deal with plenty of accident risks when they ride on their neighborhood streets or along a busy road, like the Stockdale Highway. They may jump on the sidewalk to enjoy a safer ride, but there can be dangers here, too.
Cracks in sidewalks can open up to about the width of a bicycle tire and catch any rider going by. A gap can open up between the sidewalk and a curb to create an even bigger hazard. Cyclists can have their front tires grabbed by a gap, their bikes suddenly stop, but the riders don’t. Victims can be thrown over their handlebars and down on the concrete, the road surface, or in front of vehicles.
Rider can also be sent off course by a sudden dip into a crack. They might be tossed off after hitting a tree root growing through the sidewalk. Victims could be sent into the street by a massive pothole in the concrete.
The resulting injuries might depend on which body part of the victim hits the ground first, absorbing the most impact force. Landing on the head and face can cause Traumatic Brain Injuries, Skull fractures, and facial damage. Landing with the arms outstretched often leads to wrist fractures and hand damage. Landing with legs out front can cause ankle joint and knee joint fractures, and shattered lower leg bones.
Of course, a gap in a sidewalk that sends the bicyclists off course may send them into the street and make them vulnerable to being struck by cars. This impact and being run over could crush bones and cause life-threatening head trauma.
A skilled attorney goes to work immediately, determining who is to blame for sidewalk hazards. Then a claim is filed asking for immediate help with current medical bills. Special attention is also given to the care that may be needed in the future, when broken bones and debilitating pain can flare back up. Victims should have the money they need for additional surgeries and prolonged physical therapy in the years ahead.
Who Is Responsible for Repairing Sidewalks that Cause Bicycle Accidents?
In California, there may be any number of responsible parties after sidewalk damage causes a bicycle crash.
The State of California may be responsible for sidewalk damage around federal buildings and in state parks. In cities, the liability is usually divided between the local government, homeowners, and business owners.
For example, the City of Fresno holds homeowners responsible for repairing holes and cracks along the stretch of sidewalk along their lot. But if the damage is caused by a city-maintained tree, the city would accept responsibility. The City of Fresno’s website page on Streets and Landscape Maintenance explains more about the accountability.
Los Angeles is another city that divides responsibility for sidewalks. Property owners bear liability for the sidewalks outside their homes or businesses. However, Los Angeles is responsible for fixing damage caused by tree roots, such as Palm Tree root damage. Los Angeles can also decide to upgrade sidewalks in dilapidated neighborhoods, especially when accessibility is an issue. More information on Los Angeles Sidewalk responsibilities can be found on the city website.
Those are a couple of examples of how the accountability for sidewalk accidents is handled in California cities. These are just a few of the parties that may bear blame in a bicycle crash on a sidewalk:
- Local city government
- County or state governmental departments
- Homeowners
- Business owners
- Contractors and construction crews who damage sidewalks as they work on roads or property renovations
In a city setting, cyclists hurt in crashes may have to file claims against a homeowners insurance policy. They may have to file a claim against a business’s commercial liability coverage. They may have to file a lawsuit involving a local city department, a county department, or a state entity.
A Maison Law California premises liability accident lawyer would track down the proper entity to blame and file immediate claims against the right insurer. It’s possible that several parties may be liable. In this case, your lawyer would file claims against several entities, involving more than one insurer, to have the best chance at getting all of your recovery bills covered in full.
Am I Supposed to Ride My Bicycle on the Sidewalk in California?
California doesn’t have a statewide law governing whether riders can hop on sidewalks or not. It’s up to city and county leaders to decide whether riders are allowed to ride on sidewalks.
Most cities in California allow sidewalk riding in most areas, but there are often exceptions in areas with high business traffic, like a downtown section. When cyclists ride sidewalks, they must always yield to pedestrians. They are also responsible for obeying intersection and crosswalk laws.
But every city differs. San Francisco does not allow cyclists on sidewalks, but does make an exception for children. In Los Angeles, riders can take to the sidewalks.
For more guidance on where you can ride a bicycle, check out Maison Law’s Sidewalk Rules for Cyclists in California article.
Do I Need a California Bicycle Accident Lawyer After Crashing Due to a Crack in a Sidewalk?
If you take a fall off your bike due to a gap in a sidewalk, and you only receive very minor bruises or a skinned knee, you may not need a lawyer’s help with your case.
But if you are a bicyclist seriously hurt in an accident caused by a hole or crack in a sidewalk, it’s a good idea to talk over your case with a skilled California bicycle accident lawyer.
When recovery costs run high, insurers will fight even harder to avoid having to pay for all of your medical bills and support you while you can’t work. A lawyer can protect your claim when an insurer may try to shift blame to you, and simply claim you were clumsy.
Your lawyer is also a strong protection when you must seek support from a city government department. Injury claims against a govnerment entity are very complex.
Here are a few of the reasons you don’t want to take on a governmental department on your own after a bicycle accident:
- Complicated paperwork. A mistake in the information and documentation you provide could be used by the city to deny your claim. Your attorney can handle this entire frustrating process.
- Express deadlines. In a normal personal injury case, California victims have up to two years to take legal action. But when dealing with a city, county, or State government agency, you’ll usually only have months to file. Miss the statute of limitations, and you lose your chance to get help with recovery. A skilled lawyer would make sure you didn’t miss sneaky deadlines.
- Seeking permission. Government entities enjoy special protections against litigation. You must alert government officials when you intend to take action against them, and they can deny your ability to sue. Your attorney would make sure your case was backed with evidence so the city couldn’t get away with denying your claim.
- Government attorneys. A city government can afford teams of attorneys to fight your claim and poke holes in your case. It’s wise to have a legal protector on your side to go up against insurers and other lawyers.
A skilled lawyer can help you prove who was at fault in your accident, especially when insurers would rather pin the blame on you. Maison Law can also fight to earn you the most in a settlement check possible. This is often much more than you could win by taking on insurance adjusters yourself.
Contact a California Bicycle Accident Lawyer Today…
Your lawyer immediately begins investigating your case. Maison Law files your claim on your behalf so you can focus on recovery, allowing you to return to your bike rides as soon as possible.
We’d demand full compensation for your current medical bills and any that may arise in the future. We’d ask for support to pay for bike repairs or replacement. The hours you lost at your place of work must be reimbursed. Our lawyers would also ask for additional compensation for the pain you’ve had to endure and the emotional trauma you must cope with during a difficult recovery.
To get started, Maison Law offers a free case consultation to all California accident victims. It’s a confidential meeting, and there’s never any obligation.
It’s important to note that you don’t have to have a lot of money to afford legal protection. Maison Law doesn’t get paid unless you get paid. That means we only get paid if we win your case. Then, our fee comes out of the settlement check that an insurance company must write for you.
