California Supreme Court Revives Cyclist Lawsuit: Holding Cities Accountable for Road Hazards

Each year, thousands of cyclists are injured on California roads, many due to hazards like potholes and debris. According to the California Highway Patrol’s Transportation Injury Mapping System (TIMS), there are approximately 9,218 bicycle accidents statewide annually. However, a recent landmark ruling by the California Supreme Court is set to change the landscape of cyclist safety and municipal accountability. The court’s decision in Whitehead v. City of Oakland has revived a cyclist’s lawsuit, potentially holding cities responsible for injuries caused by poorly maintained roadways.

The Case: Whitehead v. City of Oakland

In 2017, Ty Whitehead, an experienced cyclist, was severely injured when he struck a pothole during a training ride in Oakland. The impact resulted in a traumatic brain injury, leaving him in a coma for two weeks and causing permanent disability. Whitehead sued the city, alleging negligence in failing to maintain safe road conditions.

Oakland, however, argued that a liability waiver Whitehead signed with the event organizers absolved them of responsibility. Lower courts initially sided with the city, citing precedents that allowed recreational activity releases.

The Supreme Court’s Decision

On May 1, 2025, the California Supreme Court unanimously overturned the lower courts’ decisions, reviving Whitehead’s lawsuit. The court’s ruling invalidated liability waivers that attempt to shield cities from negligence claims related to road maintenance, providing critical protections for cyclists.

Justice Kelli Evans, in the 7-0 opinion, emphasized that cities have a statutory duty under Government Code Section 835 to maintain roads in a “reasonably safe condition.” The court held that liability releases cannot exempt municipalities from this obligation, as doing so would undermine the Legislature’s ability to protect the public.

Key Implications for Cyclists and Cities

This ruling has far-reaching implications:

Waiver Limitations: Event participants can now sue cities for road defects, regardless of liability releases signed with third-party organizers.
Equal Protection: Cyclists are now on par with motorists, as courts can no longer dismiss injury claims by labeling biking as “inherently risky.”
Safety Incentives: Cities face stronger pressure to address hazards, as the decision compels them to prioritize infrastructure repairs rather than relying on waivers.

Understanding Government Liability in California

The Whitehead case highlights the complexities of government liability in California. Generally, public entities are not liable for injuries unless a statute provides otherwise. The California Tort Claims Act (CTCA) outlines the legal framework for pursuing claims against state agencies, local governments, and municipalities.

Under the CTCA, a government entity can be held responsible if:

It creates or allows a dangerous condition on public property.
It fails to perform legally required duties, such as maintaining roads.
An employee of the public entity acts negligently, causing injury.

To successfully sue a government entity, strict procedural rules and deadlines must be followed. Claimants typically have six months from the date of the injury to file a claim with the appropriate government agency.

Common Road Hazards and Negligence

Road hazards that can lead to accidents and injuries include:

Potholes
Uneven surfaces
Missing guardrails or signs
Inadequate lighting
Construction debris
Improperly parked vehicles
Out-of-control vegetation

If a government entity is aware of a road hazard and fails to take reasonable steps to repair it, they may be found negligent. Negligence can also arise from poor road design or inadequate maintenance practices.

What to Do After a Cycling Accident

If you’ve been injured in a cycling accident caused by a road hazard, it’s crucial to take the following steps:

Document the Scene: Take photos of the hazard, your bicycle, and any other relevant details.
Collect Information: Obtain contact information from any witnesses.
Report the Accident: Notify law enforcement and file a police report.
Seek Medical Attention: Get prompt medical treatment for your injuries.
Consult an Attorney: Contact a personal injury attorney experienced in cycling accidents and government liability.

The Role of Legal Representation

Navigating the legal complexities of a cycling accident claim, especially one involving a government entity, can be challenging. An experienced attorney can help you:

Investigate the accident and gather evidence.
Determine the liable parties.
Navigate the California Tort Claims Act.
Negotiate with insurance companies and government agencies.
Represent you in court, if necessary.

California Bicycle Accident Statistics

Bicycle accidents are a significant concern in California. According to available data:

California sees an average of over 9,000 bicycle accidents each year.
Fatal bicycle accidents average over 150 per year.
Children are among the most vulnerable, with hundreds injured annually.
Los Angeles County consistently has the highest number of bicycle accidents.

These statistics underscore the importance of cyclist safety and the need for cities to prioritize road maintenance.

Moving Forward: A Call for Safer Streets

The Whitehead v. City of Oakland decision marks a significant step forward for cyclist rights in California. By holding cities accountable for road hazards, the Supreme Court has sent a clear message: cyclist safety matters.

This ruling should encourage municipalities to invest in infrastructure improvements and prioritize the safety of all road users. It also empowers cyclists to seek justice when they are injured due to negligence.

If you or a loved one has been injured in a cycling accident caused by a road hazard, don’t hesitate to seek legal guidance. Contact a qualified personal injury attorney to discuss your rights and options. Together, we can work towards creating safer streets for all cyclists in California.