Public Sidewalk Accident: Why Does This Happen and What’s the Right Course of Action?

By  //  July 6, 2024

Imagine this: You were walking down the public sidewalk after a long day at work. The sun is slowly setting, and you’re enjoying the gentle breeze. But wait, you suddenly tripped on something, fell, and injured yourself.

Perhaps you were lucky that nothing serious happened. However, a mother of five from Salt Lake City wasn’t. 

She was riding her e-scooter along the sidewalk with her friends. Unfortunately, she hit an obstacle that led to her head injury and eventual death. Another report suggests that the crash site has remained ‘damaged’ for multiple years. Hence, her family is advocating for sidewalk repairs in the city. 

Don’t incidents like these make you want to know more about such personal injury cases? In this blog post, we’ll discuss the reasons behind public sidewalk injuries, the steps you should take, and more.

4 Reasons You Get Injured When Walking on a Public Sidewalk

In urban areas, at least 129,343 injurious falls occurred on the sidewalks a few years ago. These happen because of the following reasons:

  • Uneven surfaces that include cracks, bumps, or holes.
  • Obstacles such as parked vehicles, debris, or poorly placed signage.
  • Lack of maintenance and poor weather conditions.
  • Inadequate visibility due to poor lighting.

For instance, the surface can become slippery if it’s not maintained. Similarly, obstruction during the night can cause serious injuries. All these can lead to trips, falls, and other hazards. You might receive head injuries, bruises, fractures, lacerations, etc.

Challenges in Sidewalk Maintenance

Procedural delays and financial constraints can affect the quality of the public sidewalk. The former involves delays in resolution, site inspections, complaints received, notifying owners, etc. Similarly, the latter revolves around the high costs associated with repairs, funding issues, etc.

In cities like Spokane, various legal requirements compel property owners to maintain their adjacent sidewalks. Also known as premises liability, this refers to a homeowner’s obligation to make the sidewalks on their property safe for visitors and passersby. This Washington State law mandates all property owners to collaborate in maintaining sidewalks’ quality. 

Even then, the city faces legal disputes when injuries occur. Let’s understand this with an example.

According to Russell & Hill, Maryann Bouttu tripped on a cracked sidewalk one evening in March 2022. She was just walking back to her car after attending the theater. Due to her fall, she suffered multiple injuries and finally took legal action against the parking lot management. 

What Should You Do After a Public Sidewalk Accident?

On average, 63 million people faced nonfatal and preventable injuries in 2022. This was a 162% increase over three decades. After such accidents, you need to follow some basic rules. These help protect your fundamental rights. 

The same goes for public sidewalk accidents.

#1. Seek Medical Attention

According to the CDC, 227,039 people die when they are unintentionally injured due to accidents. One main cause is neglecting medical attention.

Even though public sidewalk accidents might seem minor, there can be underlying complications. Examples include concussions or fractures that you cannot feel because of the adrenaline. 

Just to be safe, you must get your injuries assessed by a local doctor. These medical documents and records can come in handy when claiming insurance or going through legal proceedings. 

#2. Report to Authorities

Whenever an accident occurs, people usually dial 911 pretty quickly. However, for sidewalk accidents, you need not involve the police. Instead, you can report it to the homeowners association and local authorities. 

Doing so ensures that responsible parties are aware of the hazards. As a result, it can lead to the necessary maintenance and repair of the sidewalk. You can also file a report with the construction company or municipality.

These reports can be helpful when you’re lawyering up and seeking insurance claims.

#3. Document the Scene

Since the police won’t be at the scene, you should document the accident. First, take contact information from the witnesses to support your case. Other evidence you should collect includes the following:

  • Record videos and photos of the accident site.
  • Capture details about the sidewalk condition.
  • Document any hazards or obstacles present.
  • Include pictures of your minor injuries.
  • Note down the date, location, and time.

These can work as clear documentation that can prove liability in your case.

#4. Consult a Lawyer

Once you’ve gathered the evidence, reported it to the authorities, and sought medical attention, it’s time to hire a personal injury lawyer. Ensure that the attorney specializes in premises liability cases. 

This way, they can easily evaluate the liability, determine potential avenues, and guide you through complex processes. On your behalf, they will file claims against the responsible parties, negotiate with the insurance companies, and seek fair compensation. These can be for medical expenses, pain and suffering, lost wages, etc.

With all that said, public sidewalks aren’t exactly safe. Poor maintenance, obstacles, and uneven surfaces can lead to minor injuries. Local authorities must prioritize regular inspections and foster community awareness to mitigate such issues. 

If you ever get caught up in such an incident, it’s best to call your lawyer, document the scene, and report it to the authorities. But first, you must seek medical attention. Other than these, you can avoid such accidents by being vigilant about your surroundings.