The Support You Need.
The Settlement You Deserve.

Scooter Accidents Caused by Potholes in Porterville

Maison Law represents victims of scooter accidents caused by potholes in Porterville. According to the Insurance Institute for Highway Safety, scooter riders are twice as likely to be injured by defects in the road, like potholes, cracks, or uneven surfaces. Injured scooter riders often face serious injuries like fractured arms, head trauma, and soft-tissue damage.

The impact these accidents can have on a person’s life is significant, which is why it is important to consult with the attorneys at Maison Law to get your life back on track after being injured in a scooter accident. Contact us today for a no-cost, no-obligation consultation and see what legal options are available for your situation.

Do I Need a Lawyer for a Scooter Accident Caused by a Pothole?

Potholes are a significant hazard for scooter riders and can easily cause accidents due to loss of control, hard falls, or collisions with traffic. These hazardous conditions are difficult to detect and often send scooter riders, bicyclists, and runners tumbling into even more dangerous situations, like oncoming traffic, furthering their injuries. But that’s why our Personal Injury Attorneys at Maison Law will not hesitate to take legal action if you’re injured due to a pothole in Modesto. Our firm protects injured victims from liability and ensures they are compensated 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.
    • Intentional carelessness
    • Actions performed out of spite

What You Will Need When Consulting with a Personal Injury Lawyer for the First Time

The initial process of speaking with our law firm for the first time usually starts off with a questionnaire to assess the merits of the case. This questionnaire will provide us with key information to help determine if a case is worth pursuing or not. However, if you’d like to speak directly to one of our attorneys, you can set up a brief meeting to discuss the details of your situation prior to answering a questionnaire. The following data is what potential clients will need when they first sit down with us:

  • 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, reckless driving, defective equipment)
  • Timeline of events: dates of key incidents, formal complaints filed, relevant communications with the 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

Some of these elements may seem irrelevant to your case, but trust us, they are not. Most defense lawyers will use anything they can to diminish the damage done to your life after a scooter accident. For example, if your social media account has videos of you speeding on your scooter or riding dangerously, they will most likely attempt to use that against you to say you’re a dangerous rider, even if you were safely riding when the accident occurred.

How Road Hazards Cause Bicycle Accidents

Hazards can form over time, or all of a sudden, but their usual cause is due to someone neglecting to repair them or make sure they won’t cause harm to another person. For cyclists, hazardous conditions can make it difficult to stay upright and avoid falling or colliding with other riders or passing vehicles. A hazard like a pothole will force cyclists to:

  • Lose traction: The uneven terrain or sudden drop of a pothole can reduce tire traction. Without tire traction, a cyclist is unable maneuver safely or control where they are going, increasing the risk of a serious accident.
  • Balance disruption: Sudden road surface changes like potholes can significantly impact a rider’s balance. Most cyclists are balancing on two tires at all times, so the slightest disruption can easily lead to them losing control of the bike.
  • Sudden stopping: If a cyclist notices a pothole at the last minute, they may be forced to make a sudden stop. Even if they avoid a pothole, a sudden stop could send them over their handlebars and into the road.

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.

What the Law Says About Premises Liability

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.”

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.

What is a Bike Accident Caused by a Pothole Worth?

When a lawsuit is filed by an attorney on behalf of an injured bicyclist in a personal injury case, a settlement may be offered at any time. In fact, nearly 95% of civil cases are resolved through settlement deals, rather than with a jury verdict in a trial. So, a settlement is the likely outcome. Before you decide whether or not to settle, you need to understand how much your lawsuit is worth. The value of your case will largely be determined by the following damages:

  • Medical bills
  • Property damage
  • Pharmaceuticals, wheelchairs, crutches, or whatever else is needed to help you live with your injury
  • Lost wages

Another determining factor in the value of your case is non-economic damages, which include:

  • Pain and suffering caused by your injuries
  • Stress and anxiety due to the nature of your accident
  • Your mental state after a life-changing accident
  • Loss of consortium (to be filed by an immediate family member due to loss of love or companionship)

Victims are eligible to request more money for their non-economic damages if they:

  • Had a long recovery period
  • Required invasive medical treatment, or medical treatments that were ongoing
  • Were particularly painful injuries
  • Had obvious physical signs of the injury like scars, or loss of a limb
  • Contained severe injuries that resulted in permanent physical alterations or disability

Right-of-Way Laws for Scooter Riders in Porterville

California Vehicle Code 21200 awards scooter riders the same rights and responsibilities as drivers. This entitles scooter riders to the right-of-way just like all the other drivers on the road. However, it is important to remain aware of motorists as not all drivers recognizes this law, or respects the rights of scooter riders on the road. Other laws outlining the rights of bicyclists, scooter riders, and skateboarders on the road include:

  • California Vehicle Code 21209: this law prohibits other drivers from driving in the bike lane except to park in permitted areas, or when leaving or entering the roadway.
  • California Vehicle Code 22517: this statute covers dooring. Dooring is when a driver opens their vehicle door into the path of an oncoming rider. Under this law, no driver shall open the door of their vehicle on the side that is available to moving traffic unless it can be done in a reasonably safe manner and without interfering with moving traffic.
  • Scooter riders in traffic: scooter riders are required to ride as close to the right side of the road as possible except when they’re trying to avoid a hazard, turn left, or when passing. They are also required to signal their movements when turning or preparing to change lanes.
  • Riding on sidewalks and crosswalks: California allows scooters to ride legally in crosswalks. Some cities permit cyclists to ride on sidewalks, but some cities have banned cyclists from using the sidewalks. In Porterville, scooters are allowed on the sidewalk in most places except for business and government districts.

Reporting a Pothole in Porterville

Potholes can be found unrepaired all over Porterville. This is mainly due to a combination of heavy rains and traffic, which is common anywhere in the Central Valley. Fixing potholes is up to the City of Porterville’s local government, but you can help prevent injuries by reporting them through the following steps:

  • Use the myPorterville mobile app: here you can submit a request, attach a photo, and check on the repair status.
  • Email the field services division: citizens can send an email to fs-dept@ci.porterville.ca.us with the subject “Potholes” along with a description of where the pothole can be found.
  • Call field services: Porterville field services department can be reached at (559) 782-7514.

Contact a Scooter Accident Lawyer in Porterville

If you or a loved one have suffered broken bones, head trauma, or any type of serious injury in a scooter accident caused by a pothole, Maison Law can help. Our team of lawyers have years of experience getting full financial compensation for injured scooter riders’ physical, mental, and financial damages. Our firm practices solely in personal injury law and will aggressively pursue a successful outcome for your injury claim. So, dont wait until it’s too late to take legal action. Contact Maison Law today for a free consultation and case evaluation. There is no charge for our services and you will not be charge a cent until we’ve won your case.