City of Oakland Will Pay $6.5M to Cyclist Badly Injured Due to Dangerous Pavement

The city of Oakland recently agreed to settle a lawsuit filed by an injured cyclist who suffered catastrophic injuries after a cycling accident. According to the lawsuit, the cyclist was riding his bike down MacArthur Boulevard in a newly-fashioned bike lane when he hit a spot of upraised or misaligned pavement causing him to be thrown from his bike. According to the lawsuit, the plaintiff suffered several injuries to his cervical spine and a traumatic brain injury.

According to the lawsuit, the plaintiff was thrown off his bicycle while riding down a slope on MacArthur Boulevard on April 18, 2020. Attorneys representing the plaintiff sued for past and future medical expenses as well as pain and suffering damages. The plaintiff alleged that the city of Oakland was aware of the dangerous conditions on the bike path before his accident occurred. The city received several reports filed by residents reporting the “seam” in the pavement and yet did nothing to remedy the problem.

Each year, dozens of Oakland residents suffer serious injuries due to misaligned pavement. Residents trip, crash their bikes, skateboards, and scooters on areas of pavement that are unreasonably dangerous. Many suffer long-term or permanent injuries as a result of these accidents. This includes broken bones, traumatic brain injury, torn tendons, and sometimes even paralysis.

City residents push for urgent fix after bike crash 

Cyclists were well aware of the dangerous conditions posed by MacArthur Boulevard prior to the plaintiff’s crash. After the crash, residents mobilized to pressure the city to fix the seam that caused the plaintiff’s injuries. Eleven days after the accident, the Bike East Bay Advocacy Director emailed an Oakland Department of Transportation official to urge the city to repair the seam. The email indicated that the part of the area where the bike lane ends and sharrows start points cyclists into the raised shoulder area on the far side of the intersection as opposed to reorienting them toward the travel lane where the sharrow is located. This layout was funneling cyclists into a “rather large raised lip and gutter” in the shoulder of the bike lane.

According to the lawsuit, the city knew that part of the bike lane was dangerous for 6 years prior to the plaintiff’s accident. Bolstered by several complaints about the dangerous condition, the plaintiff was able to secure a large settlement from the city. He suffered serious and permanent injuries as a result of his avoidable accident.

In most cases, the city must be aware of a problem for a plaintiff to file a lawsuit. In this case, the plaintiff had several reports filed by concerned residents and never did anything to fix the area. It was only a matter of time before someone was critically injured by the seam.

Talk to an Oakland, CA Bicycle Accident Attorney Today 

Venardi Zurada represents the interests of those who have been injured in bicycle accidents. Whether you have sustained injury due to a negligent driver or the negligent maintenance of Oakland roads, call our Oakland personal injury lawyers today for a free consultation and to learn more about how we can help.

Source:

oaklandside.org/2023/12/06/oakland-lawsuit-settlement-6-million-bike-rider-macarthur-boulevard/