Legal Question in Personal Injury in California
Bike injury by traffic pole and divider
One weekend in August, my daughter fell off her bike trying to avoid the sudden traffic pole (to warn people about the sudden concrete divider), while riding with her colleagues for the first time in the new city she just relocated to less than two months ago, she was taken by ambulance to the emergency room, and was treated with multiple stiches on the left knee (lost too much flesh will need plastic surgery), bruises on both arms, back and waist.
She was very lucky, no car hit her after she tumbled on to the busy street. Looking at the photos her colleagues took right after her fall, it's obvious the city needs to remove the raised concrete divider and the warning pole ASAP, before getting any unknowing biker killed.
How much time and money will it cost to bring a suit against the city? My daughter is concerned about the time she may have to take off her new job, especially after she had to take some days off after the injury.
3 Answers from Attorneys
Re: Bike injury by traffic pole and divider
You don't give your daughters age.
I can tell you that, generally, a bike rider is covered by the Vehicle Code, and she is presumed to see what is there. The fact that this is the first time riding in a new city is immaterial.
You sound like the over doting, too protective parent of an adult child.
Based on your statement of the facts, I feel there is a strong doubt as to a case here.
Let her live her life! If she were as concerned as you, she would have written.
She does not seem to have a case.
Re: Bike injury by traffic pole and divider
Mr. Bennett appears correct.
If I understand you correctly, there was a vertical pole that she tried to avoid. Was the pole on the sidewalk or the dividing area between the two directions of traffic? If so, why was she in a location she is not supposed to be in? I do not understand how she could not see the pole until she was about to hit it unless she was not paying attention to what was ahead. The other people who were with her did not have a problem apparently.
if you really think there is a danger, gop to a plaintiff's attorney who specializes in bodily injury and dangerous conditions of public property and see if he/she believed you have a case. Take the pictures along.
Go to the city Traffic Engineer and express your concerns. He will probably tell you that no one else has reported it and the pole is clearly visible for someone going 15-20 mph.
Re: Bike injury by traffic pole and divider
You can, of course, pay a lawyer to sue. But, I doubt a laywer would take the case on contingency. Which is a pretty good indication that a lawsuit is not wise.
It's hard to explain how or why she didn't see the pole before she it it. Also, there is a shortened statute of limitations for suing a municipality.
Take the matter to a PI lawyer if you want. I don't advise against it. But if you do, do it now. Time is of the essence.
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