Bicycling is becoming an increasingly popular mode of transportation and recreation in many cities across the country. However, poor road conditions can pose serious safety hazards to cyclists, leading to potentially severe injuries in bike accidents. When these accidents are due to inadequate maintenance of city roads and infrastructure, an important question arises – can the city be held liable for cyclists’ injuries?
There are a few factors that determine the extent to which a city may be legally responsible for bicycle accidents related to road defects.
Notice of Problem
For a city to be liable for an accident, there usually needs to be evidence that they were aware of or reasonably should have foreseen the hazard posed by the defective road condition. If the city has recently inspected the area or if there are records of complaints or previous accidents due to the same issue, this helps establish notice. Lack of notice, however, does not completely absolve the city of responsibility.
Standard of Care
Cities are expected to maintain roadways according to an appropriate standard of care – identifying potential hazards and fixing them within a reasonable timeframe. If a cyclist is injured by a pothole that the city should have fixed weeks or months ago, this strengthens a claim of negligence against the city. However, budget limitations can affect road maintenance schedules.
Contributory Negligence
The actions of the injured cyclist will also be examined. Did they exercise reasonable care in operating the bike? Were they following traffic laws? If the cyclist was also negligent in some way, damages may be reduced based on each party’s degree of fault.
Immunity Laws
Some states have laws expressly limiting liability for road defect claims against state and local government entities. This can make it more difficult to recover damages, though exceptions are sometimes made in bike accident cases.
As with any personal injury case, thorough evidence gathering and documentation is key. Pictures of the hazard, details on prior complaints or accidents in the same area, eyewitness statements, and medical records will help demonstrate that a hazardous road condition caused a cyclist’s injuries, and that the city failed to meet its duty of care. An experienced bicycle accident attorney like us can advise whether there is a viable case against the municipality.
While cities are not expected to instantaneously fix every minor road defect, they do have an obligation to address known hazards in a reasonable timeframe to maintain safe roads for all users – including cyclists. Where poor maintenance is shown to cause a bike accident, cyclists have valid grounds to seek compensation through legal action. Proper legal representation by us can make the difference in determining and recovering appropriate damages.
Bicycle advocacy groups can also play an important role in preventing accidents due to poor road conditions. By tracking problem areas, submitting maintenance requests, and demanding adequate funding for bicycle infrastructure improvements, activists help ensure the cycling community has a voice in transportation safety initiatives. Cyclists should stay informed and actively engaged with these groups to promote safer cycling throughout their city.
If you have been involved in an accident, speak to one of our personal injury lawyers. You can visit our office at:
445 S Figueroa Street Suite 2520 Los Angeles, CA 90071
Call now for a free consultation on (888) 200-9431.
