Unsafe Sidewalks: Can You Sue the Municipality for Pedestrian Sidewalk Injuries?

Pedestrian accidents can have life-threatening consequences, from slipping on wet surfaces to tripping over broken sections. These sidewalk incidents can result in personal injury, leading to burdensome medical expenses and lost wages.

Learn how to spot unsafe sidewalks, what steps to take after an accident, and how you can recover damages from such an incident.

Identifying Unsafe Sidewalks

Sidewalks are meant to provide safe passage for pedestrians, but hazards like cracks, holes, poor drainage, and excessive gaps can make them dangerous. 

These hazards can cause a range of injuries, from mild to severe, including traumatic brain injuries, broken bones, and neck injuries.

Public vs. Private Sidewalks

• Public sidewalks: Found on public roads near schools, hospitals, government offices, and public streets.
• Private sidewalks: Located on private properties, such as residences.

Can Municipalities Be Held Liable for an Unsafe Sidewalk?

Municipalities are responsible for ensuring sidewalk safety. To hold a municipality liable, it must be shown that they had a duty to maintain the sidewalk but failed to do so, creating unsafe conditions.

Property Owner Liability

In California, property owners are responsible for the safety of sidewalks adjacent to their properties, including paying for necessary repairs. Failure to maintain these sidewalks can result in liability for any injuries caused by negligence. For example, property owners can be held liable for slips on ice or injuries from uprooted trees.

Some California municipalities have local ordinances regarding sidewalk maintenance. For instance, in San Jose, property owners are responsible for incidents involving pedestrians on broken sidewalks. Property owners can also be liable if their modifications, such as ramps, cause more harm than good.

Both property owners and municipalities can be held responsible for sidewalk accidents. It’s best to consult a pedestrian accident lawyer to understand your legal options.

What to Do After a Pedestrian Sidewalk Accident

If you or someone you suffered a pedestrian accident, follow these steps:

Check for Injuries

Stay calm and do not flee the scene if you’re the driver. If you’re a pedestrian who’s been hit by a vehicle, assess yourself for injuries. If you can, move out of the street and wait for help.

Call 911

Contact the police or 911 immediately. Do not do anything until authorities or emergency responders arrive. Seek medical attention immediately, as documenting your injuries will strengthen your case. 

Exchange Information

If a driver hits you, get their license plate number, contact information, and insurance details. Do not let the driver leave until the police arrive and take a report. 

If you suffer an injury due to a sidewalk hazard, identify the property owner who may be liable for unattended repairs.

Gather Evidence

Take photos and videos of the scene, the driver’s vehicle, and any hazardous conditions. Collect names and contact information of witnesses. Keep any damaged personal items and write down details of the incident.

Hire a Pedestrian Accident Lawyer

Contact a pedestrian accident lawyer immediately to negotiate insurance and personal injury claims. 

An experienced personal injury attorney can help navigate your case and ensure you receive proper compensation. Do not sign any forms or agree to settlements without consulting your lawyer first.

Types of Damages You Can Receive

Sidewalk accidents can lead to premises liability lawsuits, in which property owners may be held liable if they neglect to repair broken sidewalks. 

Injured pedestrians can receive both general and compensatory damages for their injuries. Here are the types of damages an injured pedestrian can claim:

• Medical Expenses: Coverage includes medication, surgery costs, hospital stays, rehabilitation, physical therapy, laboratory tests, consultations, medical equipment, and home care.
• Lost Wages: Compensation for the income lost due to the inability to work following the accident.
• Property Damage: Economic damages for personal items destroyed during the accident, such as phones and laptops.
• Pain and Suffering: Compensation for mental and emotional distress, including conditions like post-traumatic stress disorder (PTSD) resulting from the incident.

Contact a Pedestrian Lawyer at Adamson Ahdoot

If you’ve been injured by slipping on a sidewalk or being hit by a driver, seek help from a pedestrian lawyer at Adamson Ahdoot. 

Our experienced attorneys specialize in sidewalk accident cases and can guide you through the process of filing a personal injury claim.

Reach out to our experienced pedestrian accident attorneys for expert advice and call us at (800) 310-1606.