Potholes can happen virtually anywhere and are considered a common adverse road condition. These depressions in pavement show up when water accumulates under the pavement for a period of time and tend to be prevalent in spring, but can happen any time of the year. When potholes are not fixed over time, they only grow in size. This means that, in the blink of an eye, a California runner could trip over the jagged surface of a pothole that they never even saw coming, which can lead to a devastating accident.
At Maison Law, our California runner injury lawyers are here to help those who have sustained serious injuries in running-related accidents. You need strong representation and fair support for the damages that you have sustained after an accident. When the insurance company is not treating you fairly, we are there to negotiate on your behalf and help you through. Please contact us to find out what your case is worth and for a no-obligation consultation.
Common Injuries That Runners Sustain in Pothole Accidents
If you are a runner who has been involved in an accident with a pothole, this type of accident is capable of causing injuries both minor or severe. Some of these injuries include the following:
- Fractures
- Leg and feet-related injuries
- Traumatic brain injuries
- Cuts/Lacerations
- Concussions
- Soft tissue injuries
- Internal organ injuries
Because these injuries can be incredibly catastrophic depending on the circumstances of the accident, it is always important to seek immediate medical attention after a running accident involving a pothole.
Understanding Liability in Running Accidents Involving Potholes
Many running and jogging accidents involving potholes take place in California because a runner trips into or over a pothole. In many cases involving a pothole, whoever is supposed to maintain a property can be held liable for any accidents and injuries that result from potholes on that property. Here are the parties who could be liable for a pothole-related accident if you were injured while running:
Private Land: If you were injured while running on private land due to a pothole, the owner of the private land could be held liable for your injuries. Owners of properties owe a reasonable duty of care to those who are visiting their land. This means that the owner is supposed to keep their land in a safe standard so that a runner who is utilizing that land does not become involved in a pothole-related accident.
Public Land: Most running accidents involving potholes occur on public land, such as streets or sidewalks. California, as well as many other states, has a legal duty of care to upkeep and fix its public roads. This means that all road maintenance is the responsibility of a particular city. A runner may have a claim against a municipality where the accident occurred.
Bringing a Claim Against the Government
Let’s say that you have been hurt in a running accident involving a pothole and you believe that a municipality or another California government entity is at fault for your injuries. There are ways that you may be able to bring a claim against an entity, such as the following:
- As a victim of a running accident involving a pothole, you must provide a notice of claim to the correct government agency. If you submit this information too late or use the wrong form, the entity could completely reject your claim, which is why it should always be done carefully.
- You must include all required information under Government Code 910-913.2 in your notice of claim. These include your name and address, the address of where the incident occurred, a general description of the damages you suffered, the amount of damages, and various other aspects that you will discuss with your lawyer.
- If you have a potential injury claim against a government entity, there are strict deadlines that must be met. In California, you have six months from the time of your injury to file a claim before you are barred from doing so as it pertains to the government.
Showing That the Government Knew About the Pothole
To be successful in a personal injury claim against a municipality or other government entity, you must be able to show that they knew about the road hazard. If you are a runner who was injured in an accident due to a pothole, you must show that the agency must have been aware of the pothole and that they did not correct it in a reasonable amount of time.
An example of this is being able to show that the pothole was addressed at a recent council meeting. The pothole was avoided for a year after the meeting and then you were involved in an accident involving the pothole. If there was sufficient time to repair it but the pothole went unrepaired, this is proof that you can use in your claim to receive damages.
It can be difficult to hold a government agency liable for a pothole, which is why you should always have the assistance of an experienced legal advocate on your side. You never want the other party or their insurance company to point a finger at you. Speaking with an attorney can be beneficial in many ways.
Contact a California Runner Injury Lawyer
Making a claim against a party or entity after a pothole-related accident can be a stressful endeavor. You may be left with an array of questions as you face bills that continue to pile up against you. On top of this, there are deadlines to meet and you don’t want to fall behind when it comes to your claim.
At Maison Law, our California runner injury lawyers are here for you and your family to make sure that your rights are being protected during these difficult times. We want to help you through this process and provide you with the resources that you need to find success in every aspect of your claim. Please contact us today for a confidential and completely free case review.
