Property owners can report tree root damage and broken concrete, and the city may be able to repair the issues. But the repairs are based on the available funding the city has at the time, and the backlog of sidewalk projects across the entire city. Homeowners and business owners may have to wait on sidewalk refurbishment, and in the meantime, be responsible for any bicycle accidents that occur due to a crumbling walkway.
Bicycle accident victims can file injury claims against someone’s homeowners insurance or a business’s commercial liability insurance provider. They should receive immediate help paying doctor bills and ambulance fees, but insurance adjusters are trained to delay compensation and look for ways to blame cyclists for their own falls. It’s often up to an experienced lawyer to force an insurer to accept fault and do the right thing.
Filing a Sidewalk Accident Claim Against the City of San Luis Obispo
In some cases, the City of San Luis Obispo is liable for bad stretches of sidewalk and the scary crashes they can cause for local riders.
San Luis Obispo might be responsible for sidewalks around public places like downtown government buildings or city parks.
In some cases, local governments can be liable for a sidewalk crack that was reported as a safety hazard, and yet action was delayed to fix the problem. Unfortunately, filing an injury claim against the city can be much more difficult than filing a normal personal injury claim against a property owner.
Shorter Deadlines: A normal personal injury case has a statute of limitations of two years, giving victims longer to realize they can ask for help and longer to prepare a claim. Government entities have added protections against litigation. One of those protections is a much shorter deadline, of around 6 months. Wait longer, and your case can be tossed out, ending your chance to get recovery help. A good lawyer helps you take on the city and meet all sneaky deadlines.
Seeking Permission to File Against the City: Another protection involves making victims file a notice with the city about an accident and the intention to file a sidewalk bicycle injury claim. It’s basically seeking permission from the city to be allowed to file. The city can prevent you from filing. Having strong evidence of the city’s liability is the best way to force San Luis Obispo to take your case seriously. Your Maison Law attorney would fully investigate what happened to you and the records on the bad piece of concrete that caused your accident. Your lawyer would back your case with evidence, so I couldn’t be dismissed.
Complicated Paperwork: Your San Luis Obispo bicycle accident lawyer would also handle the complicated paperwork that comes with any government case. Any mistake can give city officials grounds to dismiss your claim.
Facing Off Against City Attorneys: A claim directed at the city also puts you face-to-face with government lawyers. They will question everything about your case and try to turn the finger of blame on you. You’ll want a lawyer with experience taking on government entities to tip the scales in your favor.
Common Sidewalk Hazards Around San Luis Obispo
It may seem like a lot of hassle to battle city officials and insurance companies for help, but it’s the best way for bicycle accident victims to get the assistance they need to rebuild their lives.
The support is critical when riders are thrown from their bikes to suffer broken arms and ankle bones, or come away with a serious brain injury.
The level of support will determine how much victims have to pay out of their own pocket. These costs may be impossible to meet while a patient can’t even return to work yet. Fighting for every last cent to help with bills now and those that may come along with an injury flare-up is key.
Unfortunately, bicyclists encounter many types of obstacles on local sidewalks that can send them to French Hospital Medical Center:
- Cracks and grooves in sidewalks that can catch bicycle tires
- Large spaces between sidewalks and curbs where tires can get stuck
- Crumbling concrete
- Uneven sidewalk surfaces
- Tree roots growing through concrete
- Construction project damage to sidewalks
Are Bicycles Allowed on Sidewalks in San Luis Obispo?
Cyclists are prohibited from using sidewalks in the city, as stated in the San Luis Obispo municipal code. City lawmakers want to ensure the safety of pedestrians as they must navigate faster-moving bicycles and vehicles.
However, riders must often use sidewalks in emergencies to escape careless drivers and delivery drivers who park on bike lanes. A crash caused by a sidewalk defect might still leave the city or a homeowner liable for recovery costs, despite the code prohibiting sidewalk riding.
You can read more about the expectations for cyclists around San Luis Obispo here.
Do I Need a Lawyer After a Bicycle Accident on a Sidewalk?
If you are injured after riding over a damaged sidewalk, and your injuries are serious, a lawyer can help protect your case and help you get the most for your injury. A San Luis Obispo bicycle accident lawyer can help you identify the person or entity responsible for your accident and file a claim backed with evidence.
If you are unsure if you need a lawyer’s help, there’s an easy way to find out. You can contact Maison Law of San Luis Obispo County for a free, confidential case consultation. If you need our help, you don’t have to worry about how you’ll be able to afford a lawyer. Maison Law doesn’t get paid unless we win your case for you. Then our fee comes out of the settlement check that an insurance company must write for you.
