Defective roadways including potholes, and dangerous constriction zones are a contributing factor in thousands bicycle accidents each year. Potholes or other road way defects that are left left uncorrected can cause significant injuries and permanent disabilities rendering a bicyclist unable to ride, work, or tend to daily responsibilities for months or even years. Often times injured parties feel there is no one they can sue. However in certain circumstances injured parties are permitted to file a claim against city or state agencies responsible for the upkeep and safety of roads. It is important that these claims are filed in a timely manner or you may give up your right to file a cause of action.
Statute of Limitations – How Long Do I have to File a Lawsuit:
The state of California places a times limit on filing personal injury lawsuits in the court of law. The vast majority of pothole and defective roadway claims are filed against government entities. Plaintiff have 6 months from the date of an accident to file a claim with the government agency in question. If the agency denies your claim you will have two years from the date of the accident to file a claim in civil court. Claims against non government agencies must be filed within 2 years from the date of the accident. In certain instances including the incapacitation of a victims, or underage status of a victim court will toll or halt the statute of limitations.
For more on statute of limitation for bicycle accidents see here.
Common Injuries Caused by Defective Roadways:
- Facial fractures
- Traumatic Brain Injury – head trauma
- Broken nose
- Ocular Injuries
- Facial laceration
- Broken wrist
- Severe neck injuries
- Spinal Cord Damage
- PTSD – Post Traumatic Stress and other forms of emotional damage
Victims Right to Compensation – Filing a Lawsuit
Bicyclists who are victims of serious injuries resulting from potholes or other dangerous roadway conditions are entitled to compensation for all losses including recovery for
All medical and health related costs
- Lost wages and loss of future earnings
- Pain and Suffering
- Property damage to the bicycle
- Emotional distress
: If you have any legal questions feel free to contact our law for to speak with a bicycle accident attorney. All consultations regarding your claim are free of charge. Contact us toll free (855)385-2529.