Riding a bicycle offers a great way to move around the City of Tulare and the rest of Tulare County. But a leisurely ride during the weekend or riding to work can take a nasty turn if there’s a pothole in the road or bike lane.
Potholes are a major cause of bicycle accidents and can result in not just a damaged bike but serious injuries. This can lead to medical treatments, missed work, and unpaid bills.
If you’re having trouble getting compensated for the harm you suffered from your bicycle accident caused by a pothole, the bicycle accident lawyers at Maison Law can help.
We have extensive experience handling bicycle accident personal injury cases. As a result, we know what it takes to get the compensation you deserve.
To learn more about what we can do for you, contact us today to schedule a free, no-obligation consultation.
Causes of Bicycle Accidents in Tulare
No matter where you’re cycling in Tulare, there are many ways you can get into a bicycle accident, with or without the “help” of a pothole. Some of these include:
- Unsafe lane changes
- Unsafe passing by other vehicles
- Dooring
- Distracted driving
- Poor visibility
- Poor weather conditions
On occasion, these events will combine with a pothole to cause a bicycle accident.
Common Tulare County Bike Injuries Following a Pothole Accident
Cyclists who get hurt from a bike accident caused by a pothole can face a variety of potential injuries, such as:
- Broken ribs
- Broken wrist
- Broken collarbone
- Lacerations
- Damaged teeth or a fractured jaw
- Internal injuries
- Shoulder injuries
- Knee injuries
- Traumatic brain injuries (TBI)
- Neck and spine damage
How Bad Road Surfaces Can Cause Bicycle Accidents
Hazards that affect road surfaces can occur over time or in an instant. Regardless of how they form, they often lead to a bicycle accident because of poor or improper road maintenance. If there’s a pothole in the road, it can force a bicycle rider to potentially:
- Lose traction: The uneven surface means less contact between the bicycle tire and the road. Without this traction, it’s difficult for the cyclist to slow down, turn, or control where they’re going.
- Abruptly stop: Sometimes, a rider will see the pothole before hitting it and try to use their brakes to avoid it. This sudden braking can sometimes result in the rider getting flung over their handlebars and onto the road. Many injuries can result from the impact with the street, but even worse injuries are possible when another vehicle hits the downed rider.
- Lose their balance: Whether the cyclist is trying to avoid the pothole or loses control because they hit the pothole, a loss of balance is common. This can lead to a loss of control or the rider falling off their bike.
Who’s Responsible If a Pothole Causes a Bicycle Accident?
There are often multiple responsible parties following a bicycle accident. Nowhere is this truer than when the accident is the result of a road hazard like a pothole. If you get hurt because a pothole in Tulare caused your crash, you could potentially recover compensation from one or more of the following entities:
- Government entity: The state of California, Tulare County, or the City of Tulare could be responsible for building and maintaining the road with the pothole, depending on who controls the road.
- Road construction company: Even though a government entity might be primarily responsible for ensuring there are no potholes, it’s up to the road construction company to make sure the road is properly built. If there’s a defect in the construction or the road is built negligently, that could lead to a pothole.
- Road maintenance company: The contractor assigned to maintain the road could be responsible if they don’t properly repair cracks or potholes in an effective and timely manner.
- Private property owner(s): If the pothole exists on private property (like a parking lot), it’s possible the private property owner could be a co-defendant in a pothole bicycle accident personal injury lawsuit.
- Other drivers or riders on the road: Even though the accident is due to the cyclist hitting a pothole, another driver on the road who was distracted or under the influence of drugs or alcohol might have caused the cyclist to veer into the pothole or hit the cyclist after they fell off their bike.
What You Should Do Immediately After Your Bicycle Accident
If you suffer an injury due to a pothole, the first thing you need to do is get medical attention. Your health should be your primary concern, and serious injuries need to be treated as quickly as possible.
Then there are situations where an injury seems “minor,” but gets worse over time, and seeing a healthcare professional soon after the accident can prevent that injury from getting worse. Once you see someone who can assess and treat your injuries, you should then:
- Report the injury to the Tulare police: Immediately after the accident, a police officer might be one of the first responders to show up. If possible, it’s important to talk to them about what happened so they can create an accident report. This report can provide crucial evidence should there be a question of liability or extent of injuries in the future. If the accident occurred on private property (like a parking lot of a shopping center), you might need to contact the property owner, as well.
- Obtain evidence: If possible, take photos of the accident scene, your injuries, and damage to your bicycle (if applicable). Also get the names and contact information of any witnesses, as well as a summary of what they saw. If another driver helped cause your accident, get their name and insurance information, too.
- Follow your doctor’s treatment recommendations: If your doctor recommends a course of treatment, listen to them. This is important to ensure you heal properly, but it’s also critical when seeking compensation from responsible parties. Insurance companies and at-fault parties will use the failure to continue medical treatment as a basis for reducing payouts based on the reasoning that the injuries “can’t be that bad” if medical treatment recommendations are ignored. Additionally, getting treatment creates a paper trail, which helps verify medical claims when seeking reimbursement for medical expenses.
Reporting the Pothole to the Proper Tulare Authorities
When you’re able, it’s a good idea to report the pothole to the City of Tulare. Tulare’s Public Works Department has a way for individuals to report potholes so they get fixed as soon as possible. To report a Tulare pothole:
- Go to the City of Tulare’s Citizen Request Page.
- Identify details about the pothole, including its exact location and description of the pothole.
- Provide your contact information in case Tulare needs to get more information from you.
Overview of Right-of-Way Bicycle Laws in California
Per California Vehicle Code (VEH) Section 21200, bicyclists have the same rights and duties while using public roads as other drivers, including those operating cars, trucks, and automobiles. Yet there are other rights and duties bicycle riders in Tulare need to be aware of, such as:
- Bike lanes are for bikes only: Per Section 21209 of the VEH, other drivers are prohibited from driving in the bike lane except in limited situations, such as leaving or entering a roadway, or parking in designated areas.
- Dooring is illegal: Per Section 22517 of the VEH, a driver can’t open their vehicle door into moving traffic unless they can do so in a reasonably safe manner and without interfering with traffic. It’s also unlawful to keep a door open on the side of moving traffic for more time than necessary to load or unload passengers.
- Bicyclists in traffic: Bicyclists must ride as close to the right side of the road as possible, unless they need to turn, pass, or to avoid a hazard. Bicyclists also need to provide signals when changing lanes.
- Riding on sidewalks: California has no statewide law concerning biking on sidewalks, so it’s up to localities, like the City of Tulare, to have their own ordinances about where bikes can ride. Pursuant to Tulare Ordinance Code Section 8.36.240, individuals can’t ride bicycles on sidewalks or other areas designated for pedestrian use.
Potential Compensation If You Were Hurt By a Pothole While Riding a Bicycle in Tulare
If you’re injured from a Tulare pothole bicycle accident, you can recover three potential damages:
- Economic damages: These are financial damages stemming from the accident, such as unpaid medical bills, property repair costs, and lost wages.
- Non-economic damages: These are intangible damages that are often used to compensate individuals for psychological harm, such as depression, emotional distress, pain and suffering, and loss of consortium.
- Punitive damages: These damages don’t compensate the victim of an accident, but instead punish at-fault parties for particularly egregious or abhorrent conduct.
A Tulare Bicycle Accident Attorney Can Help
At Maison Law, we understand how debilitating and stressful a bicycle accident can be. This is especially true when the responsible parties are denying liability and/or the insurance companies are low-balling you with respect to compensation.
If you’re facing difficulty in getting reimbursed for your losses stemming from your bicycle accident caused by a pothole in Tulare, contact bicycle accident lawyers of Maison Law as soon as possible. There may be upcoming deadlines that, if missed, could limit how much you can recover. Our consultations are free, and you pay nothing unless we can recover money on your behalf.
