Porterville offers running enthusiasts plenty of opportunities to see the city and surrounding areas. But like most other cities, Porterville has potholes which can present serious hazards to runners, especially on uneven roads. Falling during a run can lead to serious injuries, and potholes are a major cause of these falls. In many cases, the injured runner sadly has no choice but to take legal action to recover compensation for their injuries.
If you’ve been hurt from a Porterville pothole while out running, then Maison Law is here for you. Our personal injury lawyers can help you recover fair compensation to get you back on your feet and back to a normal life as much as possible. Take the first step by contacting Maison Law as soon as possible to schedule a free, no-obligation consultation.
Steps You Should Take After a Pothole Running Accident
To protect your health and legal rights as much as possible, follow the steps below as soon as possible after your running accident.
- Step 1: Get medical attention if you’re injured. Even small injuries should get treated because what might seem minor could result in significant medical treatments later on. You also need to see a healthcare professional to help confirm your injuries if you wish to recover compensation in the future.
- Step 2: Notify the property owner of the pothole-related injury. You want to do this to not only get the pothole fixed, but reporting your injury could prove necessary if you end up filing a premises liability claim against the property owner.
- Step 3: Gather evidence of the incident. Obtain photos of the pothole, including shots that provide context as to where it’s located in Portersville and any other conditions or hazards that may have played a role in the running accident. If there were any witnesses, you should also get their names, contact information, and a summary of what they saw. Finally, see if there were any traffic or security cameras that captured footage of your running accident.
- Step 4: Continue any medical treatments if recommended by your doctor. Ignoring your doctor’s recommendations can harm your health as well as your prospective legal case. By not getting medical care, it’s easier for an at-fault party to argue that you weren’t hurt as badly as you claim or the cost of your medical treatments is less than you contend.
- Step 5: Talk to a personal injury lawyer. You don’t always have to hire an attorney to help you recover compensation, but it’s a good idea to at least talk to one to confirm what your legal options are and how to go about obtaining reimbursement for your losses stemming from the pothole running accident.
Who’s Responsible For Running Injuries Caused by a Pothole?
There are numerous potential parties that could be legally responsible for your pothole running injury. Sometimes, one of the more challenging parts of taking legal action is just figuring out who to sue. Depending on the facts of your case and where the pothole is located, you might be able to sue one or more of the following:
- Government entities, such as the City of Porterville, County of Tulare, or state of California.
- Construction or road maintenance companies who were responsible for building the road or sidewalk and/or repairing the pothole.
- Private property owners, assuming the pothole was located on private property, like a parking lot or driveway.
Filing Suit When the Defendant Is a Government Entity
As if figuring out who to sue wasn’t burdensome enough, the fact that there might be a government defendant can make things even more complicated. There are two primary reasons for this.
First, you may have less time to file suit. For a typical personal injury case where the defendant is a business or individual, you usually have two years from the date of the accident to start a civil lawsuit. But when suing the government, you could have as little as six months.
Second, the government entity might have limited sovereign immunity. This basically means the government can’t be sued for certain wrongful acts or in certain situations. That said, the California Tort Claims Act provides for certain exceptions, making it possible for individuals to sue the government in limited cases. However, there may be additional steps to follow before going to court, such as filing an administrative claim.
As you can see, going after the government for compensation for your running injuries can be extra complicated and take additional time. This is why you need a tort lawyer who understands how government legal claims work and the most effective and efficient way to navigate this complicated process.
How Quickly Must Porterville Fix Potholes?
One of the reasons why the City of Porterville or another party can be potentially liable for your pothole-related injuries is because there’s a legal duty to take reasonable steps to avoid the pothole or fill one in if it does end up forming.
When it comes to potholes in Porterville, the Public Works Department is primarily responsible for repairing them in a reasonable and timely manner. The trick is figuring out what is reasonable and timely. Most courts won’t expect a public works department to fix a pothole the same day it learns of its existence. But the public works department can’t take several weeks or months, either.
Potential Compensation Following a Running Accident Caused by a Pothole
Getting hurt from a pothole while running in Porterville can result in you receiving up to three types of damages. What you receive depends on how you were injured and what the responsible parties did (or didn’t do) to cause your injury.
For financial harm compensation, like out-of-pocket medical bills and lost wages due to missed time at work, you have economic damages. For recovering non-compensatory, subjective damages, you have non-economic damages. These typically compensate you for psychological or mental harm, such as pain and suffering, loss of consortium, and emotional distress.
Finally, there are punitive damages. As the name implies, these are intended to punish wrongful conduct, not compensate the victims. Courts are inclined to award punitive damages in cases where the defendant’s conduct was especially heinous or outrageous. Besides punishing wrongful conduct, the goal of punitive damages is also to deter similar future behavior.
Reaching Out to a Personal Injury Attorney
Ideally, you don’t need to hire a lawyer to recover compensation for your running accident. But at-fault parties often don’t do the right thing and will fight hard to deny liability, reduce payments, and/or delay compensation to victims.
Thankfully, you don’t have to hire a lawyer to find out if you need one. Most personal injury attorneys offer free case evaluations and consultations where they examine the facts of your case and decide if you have a case. If you do, they’ll explain what to expect from the litigation process should you decide to take legal action.
One thing to keep in mind about the initial consultations is that it’s also your opportunity to decide if the attorney is right for you. You want to hire a lawyer you can trust and who has the skills and experience necessary to get you the compensation you deserve, whether it’s from an insurance settlement or jury verdict.
Therefore, you want an attorney who understands the economics of obtaining a settlement without going to trial, yet has the skills and experience necessary to successfully litigate your case in a courtroom should settlement talks break down.
Talk to a Pothole Running Injury Attorney
Maison Law and its premises liability lawyers have plenty of experience representing clients who have been hurt by potholes and other road or surface hazards. We can help you through all stages of the recovery process, from negotiations with insurance companies to taking a case to trial. To see what we can do for you, contact us to set up a free consultation and a no-obligation consultation.
