Man Sues County, Caltrans Over Injuries Suffered in Nasty Bicycle Crash - NBC 7 San Diego

Man Sues County, Caltrans Over Injuries Suffered in Nasty Bicycle Crash

The man has not decided how much money he is seeking in damages.

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    NEWSLETTERS

    Cyclist Sues County, Caltrans Over Injuries Suffered in Crash

    The man told NBC 7's Erika Cervantes the crash was avoidable and that he should be made whole. (Published Thursday, Feb. 7, 2019)

    A North County man is suing San Diego County and Caltrans after he was seriously hurt while riding his bike.

    The bicyclist told NBC 7 he is still feeling the effects of those injuries almost a year later.

    Emmett Albergotti said he’s taking legal action because he wants to prevent another bicyclist from going through what he experienced.

    "It's changed my life, I've become obsessed with staying in shape and it's been a great experience for me,” Albergotti said about his passion for cycling.

    On March 10, 2018, Albergotti’s passion found him in harm’s way.

    He says he was riding in the bike lane on Champagne Boulevard in Escondido when he swerved to avoid a clump of pavement in the roadway. During his attempt to dodge it, his bike flipped and he spilled onto the street.

    According to Albergotti, the obstruction laid in the road several feet past signs that marked a construction zone.

    "There were no workers, no trucks, no cones, no signs, nothing that made us aware there was any dangerous conditions what so ever,” he said. "I thought I was going back into an improved lane but in fact, it was where they had excavated the old pavement about 3 to 4 inches."

    Albergotti broke nine ribs and had to stay in the hospital for three days.

    "The truth is, I still haven't recovered. My injuries are still limiting as to what I can do. My knee still gets sore, my shoulder still gets sore,” he said.

    He decided to sue the county and Caltrans because he believes the accident could have been prevented.

    "I just think this was a case where they were at fault and they should make us whole for what happened,” he said.

    Albergotti and his attorney have not decided on how much money in damages they're asking for.

    A spokesperson for the county told NBC 7 the county doesn't comment on pending litigation. A Caltrans spokesperson said the agency is checking on the lawsuit and might have a comment Thursday.

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