The city can be liable for bike accidents caused by sidewalk damage around public places. They could also be responsible for accidents caused by tree root damage in sidewalks. More often, it will be property owners who must maintain sidewalks, keep them clear of debris, and fix or replace them when they can harm pedestrians and riders.
Maison Law can help you identify who is responsible for a bike crash and demand support on your behalf while you focus on healing from an injury. A real Stockton Bicycle Accident Lawyer can answer your questions and get you started on the path to winning support.. Set up a free, no-obligation consultation as soon as possible.
Who Can I Sue If Broken Sidewalk Concrete Causes Me to Crash My Bike?
In many cases, it will be a homeowner, a business owner, or a landlord who is liable for identifying sidewalk damage and repairing it. The city, generally, wouldn’t come out ot fix the issue unless a tree on the street had caused the damage (e.g., tree root growth through concrete).
The City Municipal Code explains the duty of property owners in Stockton:
- 12.04.040 Duty of property owners— Liability for conditions caused by grantees of City permits—Exception for damage caused by City trees.
- The owners of lots or portions of lots fronting on any portion of a public street or place where the street or place is improved, or if and when the area between the property line of the adjacent property and the street line is maintained as a park or parking strip, shall maintain any sidewalk in such condition that the sidewalk will not endanger persons or property, and maintain it in a condition which will not interfere with the public convenience in the use of those works or areas save and except as to those conditions created or maintained in, upon, along, or in connection with such sidewalk by any person other than the owner, under and by virtue of any permit or right granted to him or her by law or by the City authorities in charge thereof, and such persons shall be under a like duty in relation thereto.
When property owners are accountable for sidewalk hazards, injured riders can file claims against a homeowner’s insurance policy or a business’s commercial liability insurance policy. Victims would have up to two years to file a claim when the culprit is a negligent property owner.
The City is liable for accidents on certain sidewalks in public areas, such as a city park or a block of government buildings.
Bicyclists should beware, though. Filing and winning claims against a government entity brings added difficulty and challenge. The City of Stockton will have the advantage of extra protections against litigation granted to most government departments.
The statute of limitations will come sooner, just six months later in some cases. Miss this deadline for filing, and the victim loses the chance to hold the city liable.
Cases filed against a government agency will involve a lot of complex paperwork, including the requirement to seek approval from the city to even file a claim. A skilled attorney can help you meet all sneaky deadlines and requirements so that your injury claim has the best chance at compensation.
More information on The Stockton Public Works Sidewalk Page
Sidewalk Gaps and Other Hazards for Stockton Bicyclists
Damaged sidewalks along busy Stockton streets can take down unsuspecting cyclists and deliver painful injuries. Victims can end up in St. Joseph’s Medical Center before they even know what happened.
One of the most dangerous sidewalk risks is the cracks and gaps that develop in concrete. Tires can sink into these holes and get caught, sending a rider over the handlebars to land dangerously on their knees, their elbows, and even headfirst.
These are a few of the most common sidewalk hazards found in Stockton neighborhoods and along downtown avenues:
- Crumbling concrete
- Uneven and buckled sidewalk segments
- Cracks in sidewalks
- Large gaps in sidewalks and between the curb
- Dangers near storm drains
- Tree roots growing through concrete
- Construction project damage to sidewalks
These frightening and life-threatening outcomes only highlight the need to get bicycle accident victims as much in financial support as possible. They may need to pay for the best care available, and could require medical care for weeks or months.
A skilled Maison Lawyer would maximize the compensation riders received, but first, our lawyers would identify who was responsible for an unsafe sidewalk and an accident.
Are Bicycles Allowed on Sidewalks in Stockton?
Stockton cyclists can utilize the sidewalks in most parts of the city. Lawmakers do want riders to avoid riding on sidewalks in certain busier areas. Generally, riding on sidewalks in residential areas is fine.
Bicyclists shouldn’t ride on sidewalks in private shopping centers or along parking areas, unless signs allowing bicyclists to ride on sidewalks are posted. Riders are also asked to stay off of sidewalks in the Commercial Office District, the Commercial Neighborhood District, the Commercial General District, the Commercial-Downtown District, or the Commercial-Large Scale District.
Additional Information on Stockton’s Bicycles on Sidewalks Rules
Frequently Asked Questions
How can I strengthen my sidewalk accident case?
If you are hurt, call for an ambulance as soon as possible. Then, if you are left strong enough, capturing evidence on the scene of your accident is a wise idea. The sidewalk damage or debris that caused your crash could be quickly repaired or cleaned up before you get the chance to return. Take photos of the obstacle that caused your crash, whether it’s a broken section of concrete or a tree root causing the sidewalk to crumble around it. Make sure your photos show your injuries if they are visible, and show damage to your clothing. Get witness contact information. Note the address of the business or house bordering the accident scene. Make sure you know how to find the spot again.
What if I can’t afford to pay a bicycle accident lawyer?
After a bicycle accident, you may have piles of medical bills going unpaid, at a time when you can’t show up for work and earn a paycheck. You may not have the money to afford a lawyer, but that doesn’t mean you have to do without legal representation. Maison Law works on a contingency basis for injured cyclists. The term indicates the lawyer doesn’t get paid unless they win the case for you. Then, our fee comes out of the settlement check an insurer must send you.
How do I know if I need a lawyer after a sidewalk bicycle accident?
If your injuries are serious after a crash, and a property owner or the city was to blame, it’s a good idea to have legal representation for your case. A serious injury may include a broken bone, a neck injury, or a Traumatic Brain Injury (TBI). These types of injuries require expensive medical care, and the increased costs make insurers fight harder to avoid blame. You could need a Maison Law attorney to determine who was to blame. Your lawyer could be the only defense against an insurer blaming you for the accident. Your lawyer would be a safeguard and would often be able to secure much more in compensation for your recovery than you could by taking on city lawyers on your own.
Contact a Stockton Bicycle Accident Lawyer
If you are seriously hurt while riding on a damaged sidewalk, our lawyers are ready to represent you and secure the most to cover current medical costs and the costs for care in the future.
Take advantage of a free, no-obligation case consultation with Maison Law. It’s an easy way to determine your best options and how to hold a property owner or city department liable for your pain.
