Multi-Million Dollar Settlement in Bicycle Accident Claim

The City of San Diego agreed to pay $7 million to resolve a claim that improper street maintenance caused a 2022 fatal bicycle crash in Old Town.

According to court documents, the victim was riding his bike home from his job at the San Diego Zoo when a car backed into the road on Congress Street. The victim hit the car and was thrown from his bike into oncoming traffic, where he was struck by a second car.

Both drivers involved were driving within the speed limit, the complaint states. What led to the crash was “dangerous road conditions,” including restricted site lines and distances caused by physical conditions, insufficient red curb prohibiting parked cars, overgrown vegetation, and confusing and misleading shared lane striping.

Furthermore, an improperly maintained light fixture which was not functioning on the night of the incident. The malfunctioning street light, in addition to the myriad alleged shortcomings, contributed to the car and Woolf “not being able to view each other until it was too late,” according to the complaint.

Dangerous road conditions also paved the way for a cyclist to receive an unprecedented $23.75 million payout after a DUI crash on Fiesta Island left a man paralyzed. He said the city failed to make the road safe for cyclists.

Government Responsibility for Personal Injuries

In some cases, you can sue city hall. Under the right conditions, a Carlsbad bicycle accident lawyer can obtain substantial compensation for these victims in court.

In the old days, it was impossible to sue city hall. People believed that God appointed kings and queens. Therefore, these people couldn’t make mistakes. They also couldn’t appoint or hire people who made mistakes.

The doctrine of complete sovereign immunity is gone. But its successor, official immunity, remains. This limited immunity doctrine usually applies if police officers shoot or otherwise injure or kill people in the line of duty.

California has waived its sovereign immunity with regard to ministerial tasks, but not discretionary ones. A bike lane is a good example.

The decision to create, or not create, a bike lane is discretionary. The decision as to what type of bike lane to create (e.g. one with or without concrete barriers) is probably a discretionary decision as well.

However, bike lane maintenance is a ministerial task. The city has a responsibility to repaint faded lines, trim brush around signs, fill dangerous potholes, and otherwise safely maintain bike lanes and all other public infrastructure, including roads and bridges. Generally, they can delegate maintenance work to a third party, like a contractor. But they cannot delegate the duty to safely maintain the infrastructure.

Usually, mere negligence isn’t enough to obtain compensation, because of the sovereign immunity law. Generally, a San Marcos personal injury lawyer must almost prove recklessness in these cases, which is like negligence on steroids.

The Settlement Process

Substantial compensation is available in bicycle crash cases. In most cases, these victims sustain catastrophic or fatal injuries. However, the City of San Diego and other defendants don’t give away money like candy on Halloween.

Usually, settlement negotiations begin once medical treatment is at least substantially complete. At that point, a San Marcos personal injury lawyer is aware of most medical costs, including future medical costs. So, a lawyer can determine a claim’s settlement value, which is like a new car’s sticker price.

Occasionally, these informal negotiations resolve the case. However, in most cases, defendants drag their feet, forcing an attorney to file legal paperwork.

Immediately thereafter, most defendants file pretrial motions, hoping a judge will throw the case out of court. Some claims settle at this point, if the victim is willing to accept less money.

The best idea is to hang tough through discovery and mediation. Discovery is an information exchange process that gives lawyers access to evidence the defendant tried to bury. Better evidence is like more features on a car (a higher sticker price and settlement value). Mediation is a court-supervised negotiation session during which defendants cannot make excuses or drag their feet. They must resolve the matter if at all possible.

Work With a Diligent San Diego County Lawyer 

Injury victims are entitled to substantial compensation. For a confidential consultation with an experienced personal injury lawyer in San Marcos, contact the Pursley Law Firm. The sooner you reach out to us, the sooner we start working for you.

Source:

cbs8.com/article/news/investigations/san-diego-pay-7m-in-fatal-cyclist-crash/509-80ff87a2-dca3-4d38-87e1-e29baf074149