Plaintiff Recovers $6.5 Million in Bicycle Crash Against City of Oakland

An Oakland resident recently recovered $6.5 million after the Oakland City Council voted to settle her lawsuit. According to the lawsuit, the plaintiff was riding her bike through Tilden Regional Park when she crashed on a poorly paved, potholed section of Grizzly Peak Boulevard. The plaintiff suffered serious life-altering injuries as a result of the crash including paralysis. She and her husband filed a personal injury lawsuit against the City of Oakland alleging that the road’s crumbling conditions were responsible for her crash. This settlement ties another for the largest settlement for unsafe road conditions.

In December, the City Council approved another $6.5 million settlement to resolve a lawsuit filed by another cyclist. The 57-year-old plaintiff and resident of East Bay was thrown from his bike in 2020 when he struck a dangerous pavement seam on MacArthur Boulevard. In this case, the plaintiff fractured vertebrae in his spine and suffered other serious injuries.

Since 2014, there have been over 500 lawsuits filed by pedestrians, cyclists, and drivers. These lawsuits have cost the City of Oakland around $35 million. The city pays these settlements partly through a self-insurance liability fund that has a yearly budget of $60 million. The majority of this money comes from the city’s general purpose fund. Oakland will pay $3.5 million of the total $6.5 in the case involving the first cyclist.

Pothole, road, and sidewalk lawsuits against the city

A California Department of Transportation analysis in 2022 found that the main cause of crashes that seriously injured or killed people is inadequate investment in the city’s infrastructure. The city has a long-term paving plan that focuses on patching potholes and resurfacing the worst roads and sidewalks. The city hopes this will not only make our roads safer but reduce its liability when it comes to accident claims.

Filing a negligence lawsuit against a municipality is a complex affair. In these cases, the City of Oakland has a duty of care to maintain the streets and keep them in good condition. When they fail, and someone is seriously injured as a result of that failure, they can be sued. Settlements, however, must be approved by the City Council. In addition, you have less time to file your claim against the city than you would another private entity.

Unlike some states, California does not have a damages cap on claims against the state. This means you can recover the full value of your medical expenses, lost wages, and reduced quality of life in a lawsuit against the city.

Talk to an Oakland, CA Personal Injury Lawyer Today

Have you been injured in a bicycle accident due to a pothole, misaligned pavement, or other road condition? If so, the Oakland personal injury attorneys at Venardi Zurada can help you file your claim against the City of Oakland. We serve the Bay Area from our office locations in Oakland and Walnut Creek. We can help you recover damages related to your medical expenses, lost wages, and reduced quality of life.

Source:

oaklandside.org/2024/01/18/another-bicycle-crash-another-6-5m-lawsuit-settlement-for-oakland/