If a hazardous pothole in a bike lane or sidewalk has caused you to suffer serious injuries in Porterville, 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 Cause by a Pothole?
Porterville is an ideal place for bicyclists with roadway and off-street bike lanes. But what happens when one of these lanes has a deep pothole and it throws you off your bicycle, causing you to suffer a serious back injury?
Your injury requires surgery, you can’t work, and you’re considering legal action, but you’re unsure about what to do. That’s where Maison Law can help. We provide injured bicyclists in Porterville with a custom legal plan to get their life back on track. With our representation, we take swift legal action and begin negotiating your bicycle accident injury claim to cover 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
- Job displacement
- Vocational training
- 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, intentional carelessness)
- Actions performed out of spite
What Info is Needed During a Law Firm’s Intake Process?
The intake process usually starts off with a questionnaire to assess the merits of the case. This questionnaire will provide the law firm with key information to help determine if a case is worth pursuing or not. However, if you’d like to speak directly to an attorney, you can usually setup a brief meeting to discuss the details of your situation prior to answering a questionnaire. The following data is what potential clients will need to begin the intake process with a law firm:
- Employment details: current or former employer, job title, dates of employment, and compensation information.
- Nature of the complaint: type of carelessness that led to your injury (premise liability, car accident, defective equipment)
- Timeline of events: dates of key incidents, formal complaints filed, relevant communications with employer
- Witnesses: names and contact information of potential witnesses to the alleged misconduct
- Documentation: list of relevant documents (x-rays, MRIs, doctor’s diagnosis, physical therapy appointments, workers’ compensation forms)
- Prior legal action: if you’ve filed previous personal injury claims, then the details of your previous case may be relevant to your new case
- Medical information: details about your medical diagnosis and treatment plan
- Social media presence: your injury may be documented online, as well as you discussing the details of your personal injury
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.
Potholes Risks for Bicyclists
One of the most dangerous hazards on the road for cyclists, other than reckless drivers, are potholes. Bicycle’s themselves are not designed for extremely uneven terrain like a pothole because they have thin tires, and almost no suspension. So, when a bicyclist does his a pothole, they’ll more than likely lose control of their bike and suffer a serious injury like broken bones, head trauma, road rash, or even a fatal accident with a vehicle. Potholes usually cause riders to:
- Lose their grip on their handle bars
- Cause them to get tossed over their handle bars
- Swerve into other riders, or traffic
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.
Bicyclist Pothole Accident Statistics
According to the NHTSA, roughly 13% of bicycle accidents come from road hazards like potholes, uneven pavement, and debris left in the road. In Modesto, these are hazards that are typically remedied by the local government, so if they neglected to keep the roadways safe for bicyclists, then they can be held responsible for damages.
According to the Federal Highway Administration, over 50% of fatal bicycle accidents are due to poor road maintenance, while the other accidents result in severe injuries, involving trips to the emergency room. As you can see from these statistics, people suffer life-changing accidents on bicycles due to potholes all the time. Fortunately, those responsible for road maintenance can be held liable for the damages they’ve caused. If this sounds like your situation, then please don’t hesitate to contact Maison Law today for a free case review.
Contact Maison Law | Porterville 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.
