California Cyclist Wins $3 Million Settlement from City of San Diego After He Was Thrown from a Bike Due to Sunken Asphalt

A Carlsbad cyclist secured a $3 million settlement from the city of San Diego after he was thrown from his bike due to sunken asphalt that the city failed to fix. The plaintiff suffered a serious traumatic brain injury that allegedly caused permanent disability, according to the lawsuit. The lawsuit states that the plaintiff “landed violently” after being thrown from his bicycle in 2015. He now suffers from permanent disabilities due to decreased cognitive function that has negatively impacted his earning capacity. The plaintiff contended that the city knew about the dangerous conditions and failed to fix them before they caused serious injury to a member of the public. Since the city was aware of the dangerous condition, they were obligated to either fix it or warn the public about the dangers. They did neither.

When is the city responsible for a bicycle accident? 

Road conditions are a common cause of bicycle accidents. In many cases, damaged roads or pavement creates an unreasonably dangerous condition for pedestrians and cyclists. Under California premises liability law, the city responsible for maintaining the roads is sometimes responsible for an accident caused by damaged or decayed roads.

Common conditions that can lead to bike accidents include:

• Cracked cement
• Lifted or sunken asphalt
• Loose gravel
• Potholes
• Uneven sidewalks

Property owners or municipalities may be held liable for failing to maintain areas that are under their control. This includes commercial property, private property, and property that is under the direct care of the city.

Premises liability lawsuits 

Premises liability lawsuits are filed under a theory of negligence that requires a plaintiff to establish that the accident was foreseeable. In terms of bicycle accidents caused by dangerous roadways, this means that the city requires foreknowledge of the dangerous condition in order to be held liable under California law. The plaintiff mentioned above was able to establish that the city of San Diego had foreknowledge of the dangerous roads and neglected them, resulting in the plaintiff’s injuries. In these cases, city inspectors may have marked the roads as potentially dangerous, or other bicycle accidents may have occurred in the same spot.

As personal injury attorneys representing cyclists in lawsuits filed against cities and municipalities, it is our job to ensure that our client establishes that the city was negligent by investigating the area and determining if there had been prior reports of cycling accidents at the same location. In other cases, city officials may have marked the spot as dangerous and the city neglected to do anything about it before somebody was injured.

Talk to an Oakland, CA Bicycle Accident Injury Attorney Today 

Venardi Zurada represents the interests of Oakland cyclists who have been injured in bicycle accidents. Whether you have been struck by a vehicle or took a spill due to negligent road conditions, our Oakland personal injury attorneys can ensure that your medical expenses, lost wages, and pain and suffering damages are covered. Call our office today to schedule a free consultation and learn more about how we can help.

Source:

sandiegouniontribune.com/news/politics/story/2023-04-26/san-diego-paying-3-3m-to-settle-injury-lawsuits-including-3m-to-carlsbad-man-thrown-off-bicycle-in-bay-ho