I am looking for a cycling lawyer who handles cases against city and county agencies. I was biking to work yesterday in San Mateo by the Caltrain pedestrian bike path when I was suddenly met by sand bags laid out across the bike lane and across the street. This is a poorly lit area and cones were placed immediately next to the sandbags. This area is an ever changing cone configuration because of construction, and placing the cones right beside the sandbags goes against the going-convention used in this area where cones directs traffic through rather than block.
By the time we saw sandbags, it was too late. I slid and laid out the bike the avoid flipping over. The guy behind me flipped over the sandbags altogether. I spoke with Gary Brustin @ bicyclinglawyer.com who said I may be able to make a claim and suggested speaking with a lawyer that specializes in claims against cities and counties. Any suggestions would be appreciated!
hogorni
December 27, 2012 - 7:30pm
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Looking for injury lawyer
As far as I know, there are no ped/bike paths belonging to Caltrain. There is no path at the San Mateo Station. The one near the Hayward Park Station is easement over private property thru the City of SM; the path @ Hillsdale is owned and maintained by the Bay Meadows Development Company from the gate @ Delaware to the Caltrain parking lot, with no path or bike lane past that to Pacific Blvd.
Was it raining, that sandbags were in place to prevent flooding?
Did you take pictures?
Be prepared that this will be a difficult case if the accident happened at Hillsdale because it's been a construction zone for 2 years, and there are signs in place denoting detours, etc. Plus, since path is private and used at one's own risk, the company is probably highly indemnified.
Cones not only direct traffic, but are also used to denote hazzards, so it's also going to be hard to prove that they were ill-placed.
Good luck
Erik
April 25, 2013 - 9:44am
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Having crashed and damaged a
Having crashed and damaged a bike under related circumstances I sympathize. I have come across a similar issue riding on Central Expressway too. There they have traffic dividers that cut off the 'shoulder lane' that bicyclists use and some of these are not lit so unless you have very good bike lights you may not see them. (If you ask me those traffic dividers should be redesigned to take bicyclists into account.)
Claude Wyle
April 25, 2013 - 11:34am
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I am a bicycle attorney
Dear Chris: You must be careful because if a public entity owned or controlled the property on which you were hurt, you only have six months to file a public entity claim form. First you need to find the exact proper public entity responsible, and then you need to file a form with all of your theories of liability. I don't mean all of the details about your crash, but all of your theories. Your theory would be a dangerous condition of public property and perhaps negligence of a public entity employee. Your claim seems to be about poor maintenance and management of the property. Is this path attached to the road in any way? If this path is purely a recreational path, you may be faced with immunity. The best hope you have is that the path was actually managed and maintained by a private company, because then you would have two years from the date of the incident to file your claim. Also, private entities usually have insurance and the carriers are, as difficult as they are, easier to settle with. And private companies have no immunities. How badly were you injured? These cases tend to require expert witnesses and are very costly. The potential value of the case will help you to determine it is worth investing time and money into pursuing the matter. I hope I have helped you in some way. I don't know if I am allowed to give you my personal email on this site but I am easy to find with Google. Good luck, Claude
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