A bicycle accident caused by a crumbling road or a poorly designed bike lane is stressful enough to deal with. But when the responsible party is a government entity rather than a private individual or a business, the process of filing your claim is different from that of regular accident cases,
Meeting a shorter filing deadline
California law requires you to file an administrative claim with the responsible government agency before you can pursue a lawsuit. You must submit this claim within six months of the date of your bicycle crash, a window that is shorter than the typical two-year statute of limitations for personal injury cases.
After you submit the paperwork, the agency is given 45 days to respond. If it denies your request in writing, you have six months from the mailing date of that notice to file a lawsuit. Should the agency not respond within deadline, the law treats the matter as denied, and you generally have two years from the date of the accident to take your case to court.
Establishing liability for a dangerous condition
Some of the most common dangerous conditions that contribute to bicycle accidents on public roads and infrastructure in Los Angeles include:
- Cracked or buckled pavement along bike lanes or roadways
- Potholes left unrepaired for weeks or months
- Bike lanes that abruptly merge into vehicle traffic
Beyond proving a dangerous condition existed, you will generally need to demonstrate that the responsible agency knew or should have known about the condition and had time to fix it. You can gather prior complaints and maintenance records on file with the agency.
Recognizing the damage caps and immunities for your claims
There is generally no limit on the compensatory damages you can seek in a bicycle crash claim against a California public entity. However, the law does not allow you to recover punitive damages for such cases.
Government entities also have legal immunities that can reduce or eliminate their liability in some situations. For instance, an agency may attempt to claim immunity for the original design of a road. These immunities do not apply universally, but they can significantly affect the outcome of your case.
