City of San Diego to Pay $1.75 Million
The City of San Diego will pay one of its residents $1.75 million for injuries he suffered in a bicycle accident that was caused by a dangerous defect within a bike lane. The payout received unanimous approval from the San Diego City Council. The monies will come from the public liability fund.
The defect that existed within the bike lane located along Carmel Canyon Road in San Diego was a protruding piece of concrete. The bicyclist, Michael Cizauskas, who was 57 years old on May 22, 2016, the day of the accident, was thrown from his bike when his front tire struck the raised concrete. He sustained a head injury which rendered him unconscious, as well as a broken leg.
Payments from Additional Defendants
In addition to the City of San Diego, other parties will also pay damages to Mr. Cizauskas. A landscaping company and an arborist, both of which had contracted with the City to maintain the area where the accident occurred, have also agreed to settlements. The landscaping company will pay $1 million, and the arborist will pay $30,000.
The area with the defect was close to a storm drain. There was an approximate two-inch rise in the concrete that had been caused by tree roots. At the time of day when the accident occurred – midday – the shadows visually obscured the defect, according to the Complaint filed by Mr. Cizauskas. Following the accident, the uneven pavement was repaired.
Settlements Reached Just Before Trial
The parties had been attempting to negotiate a settlement for five years. A jury trial had been scheduled and the date was approaching, when settlement amounts were approved in July. The initial complaint asked for more than $10 million. Mr. Cizauskas is married and the father of a teenager. His injuries affected his ability to work in his usual career field (contractor). They also deprived him of enjoyment of his usual recreational pursuits such as skiing and surfing.
City Liability for Bicycle Accidents
This is not the first time San Diego has had to pay damages related to a bicycle accident. In 2017, the city settled with an injured bicyclist for $4.85 million. That incident was caused by a buckled sidewalk, and the bicyclist sustained head and spinal injuries.
To determine who is liable (legally responsible) for a bicycle accident that occurs on a city sidewalk or within a public bike lane, the following general questions apply under California law:
- Who owned, occupied, leased, and/or controlled the property?
- Who was negligent in the maintenance of the property?
- Did the plaintiff suffer harm?
- Was negligence a substantial factor in causing harm to the plaintiff?
The location of an accident will often determine whether the city is responsible. Often, as is the case with this San Diego matter, there is more than one negligent defendant. Because there are a number of complexities involved with determining liability, especially when a public entity is a potential defendant, it is advised that you promptly seek experienced legal counsel to assist if you are injured due to a defect located on city property. When your claim is against a California public entity, the time in which you much act is only six months, so do not delay.
Watch the YouTube Video. Below is a discussion of how to find the best attorney for your personal injury matter.
Sacramento Bicycle Accident Attorney
Hello – I’m Ed Smith, a Sacramento bicycle accident lawyer. Bicycle accidents, whether they are caused by negligent motorists or dangerous road conditions, often cause devastating injuries. If you have been injured in a bicycle accident that was the result of another party’s negligence, call us at (916) 921-6400 locally or (800) 404-5400 from other regions throughout Northern California.
To learn more about our firm and how we strive to help our clients, please take some time to visit the following links:
Photo: https://pixabay.com/photos/bicycle-path-road-sign-bicycle-sign-3444914/
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