Q: Is a city/county responsible for injury (fractured ribs) due to rutted sidewalk while on a bicycle?
Riding a road bike on sidewalk (no marked bike lane) at day, dry weather, my front wheel hit and stuck on a rutted section of sidewalk pitching me over bike handlebars resulting in fractured ribs and concussion.
A:
Possibly. In California, whether bicycles are allowed in sidewalks is left to local jurisdictions. In Petaluma, the city prohibits bikes on sidewalks in the central business district of the city unless traffic signs are posted informing bicyclists and pedestrians that the sidewalk has dual usage. Additionally, the city code states that, “No person shall ride a bicycle on any sidewalk which abuts the front of any school or any building used for public assembly.” (Petaluma Municipal Code section 11.72.220)
https://www.codepublishing.com/search/?cmd=getdoc&DocId=340&Index=%2fvar%2flib%2fdtsearch%2fhtml%2fCA%2fPetaluma&HitCount=101&hits=c+16+8c+96+db+10a+140+142+19c+201+24e+286+2b6+2bd+2f4+326+348+35a+35f+37b+39d+3ca+3f7+421+427+432+450+478+4b2+4cb+501+504+52f+539+558+584+599+5b0+5be+5f1+5fa+627+663+6b1+6d3+709+70c+712+718+71a+72b+72e+744+782+7b1+7b5+7d3+7f0+809+825+83e+866+871+893+8bc+8da+8f6+925+94f+986+9d7+9fc+a27+a3d+a6a+a74+a7e+a86+a9b+aa5+aad+abc+acc+ae1+ae4+ae8+b08+b19+b43+b4c+b4f+b84+b9c+ba0+bbf+bc2+be4+c05+c14+c17+c45+&SearchForm=D%3A%5Cinetpub%5Cwwwroot%5Cpublic_html%5CCA%5CPetaluma%5CPetaluma_form.html
So, the legality of what you were doing depends on where it happened.
Even if you were not supposed to be on the sidewalk, that does not necessarily make you 100% at fault. The City might still have some comparative fault.
Take photos of the area, including close ups of the defects, with a rule or tape measure to size perspective. Talk to a PI attorney. Most of us offer free consultations and work statewide, but there are certainly local attorneys who handle this kind of claim.
You must file a Tort Claim with the responsible government entity within 6 months of the incident, before you can file a lawsuit. Do not delay.
Gerald Barry Dorfman agrees with this answer
A:
more info needed.
what city did this happen in and when?
take pix of the condition.
there is statute of limitations which require you file notice within 6 months with the city etc.......so
contact a PI lawyer in your neighborhood asap.........and don't talk to anyone from the insurance co or city. It is not just what you say but "what they Thought they heard you say.".
A: Statutes of limitations on complaints against cities are short, so acting quickly may be required. See: http://www.courts.ca.gov/9618.htm. You may have a case against the city for negligence, and they may also try to claim that you were partially at fault for not avoiding the hazard. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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