The Oakland City Council agreed to a $3.25 million settlement with a 35-year-old
Oakland woman who crashed while bicycling downhill on Mountain Boulevard
between Ascot Drive and the Highway 13 onramp on Aug. 7, 2011. According
to a news report in the
San Jose Mercury News, the bicyclist suffered severe injuries to her face, head, jaw, and teeth.
The article also states that the city failed for years to address complaints
about a pothole-riddled thoroughfare in the Oakland hills area.
In fact, the city received a number of complaints about the potholes in
the area, including a letter penned in 2007 from the East Bay Bicycle
Coalition. The city repaired the potholes where the crash took place four
months after the accident. A Metropolitan Transportation Commission report
ranked the condition of Oakland streets near the bottom of Bay Area cities.
Only Albany, Orinda, and San Leandro ranked lower in the study.
Mercury News reports that Oakland still has about 1,000 pending pothole repair requests.
We commonly associate bicycle accidents with driver error and bike rider
negligence. However, many Bay Area bike crashes are the direct result
of dangerous roadway conditions. Bicycles are simply too lightweight and
fragile to withstand an impact with a large crack on the asphalt, uneven
pavement, or a pothole. It can also prove dangerous to bike on roads with
inadequate shoulders or bike lanes. When these conditions exist, it is
the responsibility of the governing body in charge of the roadway to make
the necessary fixes.
If you are injured in a crash that resulted from a dangerous roadway condition,
it is important that you seek the counsel of an experienced
San Jose personal injury lawyer who will fight for your rights and ensure that your best interests are
protected. You are entitled to fair and full compensation for all your
injuries and other damages.