California City pays record settlement to cyclist injured by pothole
In the past, I’ve discussed the important safety issues related to potholes on our public roads.
Last week, the City of Oakland agreed to pay $7 million to a bicyclist who was injured when his bike rode over a dangerous pothole. The settlement is a record for the City of Oakland.
The cyclist, Ty Whitehead, was an experienced rider when, in 2017, he was injured during a ride for charity in the Bay Area. He suffered a traumatic brain injury.
Notably, Whitehead’s case went all the way up to the California Supreme Court. Earlier this year, the Supreme Court ruled that the City could not waive the duties it owes to cyclists riding on public streets. Whitehead had signed a waiver to participate in the charity ride, and while the charity could compel riders to sign a release, such a release is unenforceable and void as to the City of Oakland.
The Whitehead case was and is a big deal. You can find the full opinion here.
In comments Whitehead made after the settlement was announced, he stated the obvious. "I just hope Oakland realizes that it's cheaper to repair the roads than to keep paying cyclists.” Well said, Mr. Whitehead.
We have the same issue down here in Southern California. In Los Angeles alone, potholes dot the municipal landscape. Even the most experienced rider can face serious consequences when encountering a pothole in Los Angeles.
If you see a pothole, report it to 311! Does that mean the City will fix it? Not necessarily. As with sidewalks, the City is often slow to make necessary repairs, and often does not make them at all.
If you or someone you know were injured riding over a pothole in Los Angeles or any other area in Southern California, my office is one phone call away.
