Even if you follow every traffic law, a poorly designed or poorly maintained bike lane can still cause a serious crash. You may not have done anything wrong, yet you could still suffer serious injuries and question who is responsible. If you’ve been injured in an accident caused by an unsafe bike lane, you might be able to sue or file a claim against a government agency in California, depending on what happened.
Things to know before filing a claim
You must complete the process of filing a claim before seeking compensation. The law requires you to submit a claim with the government before you can file a lawsuit. To protect your rights and seek compensation, here are some things you should remember when filing an injury claim in California:
- Meet the filing deadline: You must submit a formal government claim within six months if a dangerous bike lane caused your injury. Missing the deadline can create problems in receiving compensation.
- Comparative fault rule: If the court finds you partly responsible for the accident, it may reduce the compensation you receive. You should gather strong evidence, such as photos of the dangerous road condition, police reports and witness statements. These pieces of evidence can strengthen your case if the city argues that you were partly responsible for the accident.
Government liability for your case depends on which government agency is in charge of the road where the accident happened. You should identify the responsible agency, prove that a dangerous road condition caused your crash and show that the agency was aware of the problem but failed to fix it.
Know your rights and act quickly
Bike lanes should keep cyclists safe, but poor conditions often lead to serious accidents and fatal injuries. Government claims often involve strict deadlines and specific legal requirements. You have only a short time to file your case. Missing these requirements may affect your ability to seek compensation. If you act promptly and understand California’s legal claim requirements, you may improve your chances of recovering compensation for your injuries and other losses.
