Maison Law represents injured runners in Porterville. Unrepaired or newly formed potholes present a serious hazard for runners, especially on roads with uneven surfaces, making a pothole hide in plain sight. Injuries caused by potholes can be life-altering, causing serious damage to a person’s bones, spine, or brain, depending on how they fall. In many cases, it is necessary to take legal action against the party responsible to receive financial compensation to recover the high cost of medical bills, missed time at work, and the mental trauma of a horrific injury.
So, if you or a loved one has suffered a running injury due to a pothole in Porterville, 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?
Porterville is a great city for taking long runs with its consistent, sunny Central Valley weather and paved, low-traffic paths, reserved for walkers, joggers, and runners alike. But what happens when a pothole in a running path goes uncared for and a person gets injured? Do they have legal grounds to file a lawsuit?
Allowing a pothole to cause an injury is considered a premises liability and is a violation of California Law. So, if a person, company, or government entity allowed a hazardous pothole to exist, then they can be held liable for a person’s damages through a personal injury lawsuit. That’s where having an attorney at Maison Law on your side can help. Our firm will manage your accident injury claim and ensure you receive compensation 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
Initial Consultation With a Personal Injury Lawyer
Most personal injury lawyers offer free initial consultations. During an initial consultation, you are under no obligation to hire the attorney or pay them a fee for their services. In the same breath, an attorney is under no obligation to represent you in your personal injury case. Before your first meeting with a potential lawyer, you should be prepared. You can present your case to a lawyer in a professional manner by:
- Jotting down the key points in your case to share with them, or give them a written copy
- Bring the names, addresses, and telephone numbers of everyone connected with the case
- Bring all papers related to the case as they might be helpful for the lawyer to review
- Prepare questions for the lawyer such as:
- Have they handled similar cases to yours?
- Did they settle or go to trial?
- How many clients have they represented in court?
- How many trial cases have they won?
The more prepared you are, the better your initial consultation will be. Be aware, that if a lawyer is unprepared to answer your questions or makes bold promises about the outcome of your case, then you may want to consider speaking with a Personal Injury Attorney at Maison Law.
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 Running 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 Quickly are Potholes Fixed in Porterville
In Porterville, the City’s Public Works Department is responsible for repairing potholes in a timely manner. Unfortunately, there’s no publicly fixed law that states when a pothole should be repaired. But if a pothole goes unrepaired for a long period of time, and someone gets injured, it does not bode well for them in a personal injury case, as this is a sign of intentional carelessness. Cities like San Francisco and Sacramento have city ordinances that allow them 72 hours or 3 days to fix a pothole, which can give us an understanding of what a “reasonable period of time,” looks like when it comes to repairing a hazardous pothole.
Pot Hole Injuries and Premises Liability in California
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.”
This applies to running accidents caused by potholes because the roadway, sidewalks, and public pathways are typically considered government property, and they’re responsible for keeping it safe for runners, bikers, vehicles, and motorcyclists. If they fail to exercise reasonable care, then they can be held fully responsible for your damages because they violated California Law by neglecting to fix a pothole.
Filing a Lawsuit Against the Government for a Pothole Injury
Government lawsuits are different than regular lawsuits in many ways, but one key difference is the time you have to file a lawsuit. While typical lawsuits allow the injured victim 2 years to file a lawsuit, lawsuits against the government only allow for 6 months from the day the injury occurred.
Another major difference between a regular lawsuit and a lawsuit against the government that you should be aware of 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 pothole injury 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 Running Injury Caused by a Pothole
If you’ve been seriously injured while running due to a hazardous condition like a pothole, it is recommended to consult with one of our Premises Liability Lawyers at Maison Law. Premises liability lawsuits against the government can become complex matters, especially when they deny fault or attempt to blame you for causing your own injury. This can put injured victims in a difficult situation when it comes to covering their medical bills, lost income, and other costs associated with their injury. But that’s why we founded Maison Law.
We offer injured victims in Porterville protection from liability and a way to receive compensation after suffering a running injury. To see what legal options are available for your situation, contact Maison Law for a no-cost, no-obligation consultation today.
