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San Diego Cyclist Injured by Pothole Gets $235K Settlement

Generally, the government’s job to maintain the roadways, bike lanes, and sidewalks. The government can be held liable for injuries caused by dangerous conditions that could or should have been corrected.

State laws typically allow the government a reasonable amount of time to discover poor road conditions and a reasonable amount of time to repair them. Governments generally discovery dangerous road conditions in one of two ways:

  • through individuals reporting a dangerous condition, and
  • by conducting regular surveys of the roadways.

The government can also be held accountable if the dangerous condition has been around long enough that the government should have discovered it.

A woman in La Jolla, California, has been awarded $235,000 after filing a lawsuit against the City of San Diego over injuries she sustained as a result of hitting a pothole, approximately 3 inches deep and 15 inches wide, while cycling.

According to the lawsuit, the woman was riding when her tire went into the pothole. The collision sent her over the handlebars and onto the pavement, causing injuries to her head, pelvis, and lower back. The suit alleged that the city had received numerous complaints over the years about dangerous potholes on that stretch of road, yet failed to make the necessary repairs. “In addition, the particular pothole at issue had existed for a sufficient enough time that the City of San Diego should have known of its existence,” stated the complaint.

This plaintiff is not the only cyclist to sue the city for failing to maintain safe lanes for bikes. There have been a variety of other claims filed against the city in recent years related to the poor state of San Diego’s infrastructure.

Bike San Diego (BikeSD) has been advocating for protected bike lanes since 2012, but the city only seems to install them after there has been an avoidable tragedy instead of being proactive, said Samantha Ollinger, executive director of the nonprofit advocacy group BikeSD. “The city can be proactive by spending money on improving road conditions as well as enhance safety for cyclists and pedestrians instead of having to shell out hundreds of thousands of dollars in legal settlements,” said Ollinger.

This plaintiff would have been a viable candidate to receive lawsuit funding. Unfortunately, most plaintiffs do not realize they can obtain a cash advance, known as lawsuit funding.

Lawsuit funding is a viable choice for cash-strapped plaintiffs because it can help meet living expenses, pay for medical care and cover other daily needs. Instead of worrying about finances, a plaintiff can focus on recovering from his/her injuries while awaiting a trial verdict or settlement.

Funding is provided on a non-recourse basis meaning the cash advance carries not risk. If the plaintiff loses the case, he/she owes nothing. Applying for a lawsuit cash advance with Lawsuit Financial is quick and easy. Funding decisions are made based solely on the merits of the case; credit rating or job status does not matter.

If you believe your accident was due a defect in the road or because of poor maintenance, you may wish to pursue a claim against the government entity responsible for designing, building, or maintaining the road where the accident occurred. Bringing a lawsuit may afford compensation to reimburse you for lost wages, medical expenses, and other expenses as a result of the accident.

Proving a dangerous roadway caused an accident can be a long legal process and difficult to prove; government bodies have strong defenses put in place by the government itself. It is imperative that you discuss your options with an experienced attorney. If it is determined that a cause of action exists for a lawsuit and you need financial assistance during the lengthy legal process, lawsuit funding could be a short-term solution. Simply fill out an online application or call our office toll-free. Our underwriting staff will review your case and determine the likelihood of a favorable settlement. If your case is approved, Lawsuit Financial will wire the funds to your account within 24 – 48 hours.

Lawsuit funding is readily available for all kinds of instances, including personal injury, medical malpractice, premise liability and wrongful death cases.