California Supreme Court Allows Cyclist to Move Forward with Injury Claim

Recently, the California Supreme Court decided a case that has major implications for cyclists and pedestrians across our state, especially those who have been injured on poorly maintained roads. The court ruled that a bicyclist injured after hitting a pothole in Oakland can move forward with a lawsuit and sue the city for damages, even though she had previously signed a liability waiver. Safety advocates love this decision. It clarifies that public entities like cities and counties can still be held accountable for dangerous road conditions that result in injury.

The case that started it all

The case that started everything involved an Oakland cyclist who was participating in a city-sponsored ride when she struck a large pothole and suffered serious injuries. She ultimately filed a lawsuit against the City of Oakland. Attorneys for the city argued that she had signed a waiver that released the city from liability. However, California’s Supreme Court disagreed with the city, ruling that public entities cannot use waivers to avoid responsibility for unsafe conditions on public property.

According to the court, California’s Government Code Section 835, which allows individuals to file suit against public entities for “dangerous conditions of public property” if the entity knew (or should have known) about the hazard and failed to correct it. In this case, the city did have prior knowledge of the pothole and failed to repair it. This was a key factor in allowing the lawsuit to move forward.

Why this ruling is important

The Supreme Court’s ruling affirms that California cities have a duty of care to maintain the streets in a safe manner for all users, including cyclists. The case highlights an important distinction: while private event organizers can often enforce waivers, public entities have unique responsibilities under our state’s law.

This decision means that even if you signed a waiver or were engaged in recreational activity on public roads, you might still have legal recourse if your injuries were caused by a dangerous condition that the City of Oakland neglected to fix.

This is particularly important in the Bay Area. Aging infrastructure and heavy use have left many cities riddled with potholes. Cyclists are among the most vulnerable users. Poor maintenance can turn an everyday ride into a devastating accident.

What to do after a roadway accident

If you’ve been injured due to a hazardous condition on the street or sidewalk, acting quickly is critical. Below are some key steps to take to protect your claim against the city.

• Document the scene – Take photos of the hazard, document your injuries, and your bike or vehicle.
• Get witness information – Statements from bystanders can help establish that the road was in bad condition when you were injured.
• Seek medical care immediately – This will help you establish that your injuries were caused by the accident, and not something else.
• Report the hazard – You should notify the county immediately. However, you should avoid giving a detailed account until you’ve consulted an attorney.
• Contact a personal injury lawyer – If you’ve been injured, you should contact a personal injury attorney immediately.

Talk to an Oakland, CA, Personal Injury Lawyer Today

Venardi Zurada represents the interests of plaintiffs in personal injury lawsuits filed against negligent defendants. We serve the Bay Area from our office locations in Oakland and Walnut Creek. Call our Oakland personal injury lawyers today to schedule an appointment and learn more about how we can help.