Road Defects and Bicycle Accidents: Can You Sue the City?

Every year, thousands of cyclists are injured due to hazardous road conditions. According to the National Highway Traffic Safety Administration (NHTSA), infrastructure-related factors contribute to nearly 13% of fatal bicycle accidents in the U.S. annually. When these accidents occur because of poorly maintained roads, a critical question arises: Can you sue the city for damages?

Understanding Municipal Liability in Bicycle Accidents

Cities and municipalities have a responsibility to maintain public roads in a reasonably safe condition for all users, including cyclists. This duty of care means ensuring roads are free of hazards that could lead to accidents. When they fail to do so, they can be held liable under certain conditions.

Common Road Defects That Cause Bicycle Accidents

Several types of road defects can lead to bicycle accidents:

Potholes and Cracked Pavement: Poorly maintained surfaces can cause cyclists to lose control, leading to crashes and serious injuries.
Uneven Surfaces: Sudden changes in road levels, such as those caused by temporary road repairs or different road surfaces (cobblestones, bricks, gravel), can destabilize bicycles, especially those with skinny tires.
Inadequate Signage and Markings: Missing or unclear bike lane markings, faded crosswalks, or malfunctioning traffic signals can contribute to dangerous situations for cyclists.
Poor Road Design: Roads with unsafe intersections, blind curves, or a lack of protected bike lanes increase the risk of collisions.
Road Debris or Construction Hazards: Debris left in bike lanes or construction zones that lack proper warnings can easily lead to crashes.
Sewer Grates: Bicycle wheels can get caught in drainage grates, especially if the bars run parallel to traffic.
Railroad Tracks: Tracks that run parallel to traffic or cross the road at an angle can trap bike wheels.
Overgrown Vegetation: Overhanging foliage that obstructs the road or signs can be a hazard.
Improper Repairs: If road repairs are improperly completed and lead to injury, victims may be able to recover compensation.

Proving Negligence in a Bicycle Accident Case Against the City

To successfully sue a city for a bicycle accident caused by road defects, you must prove negligence. This typically involves demonstrating the following:

Duty of Care: The municipality owed you a duty of care to maintain the roads in a safe condition for cyclists.
Breach of Duty: The municipality breached this duty by failing to address known hazards or neglecting to fix dangerous conditions in a timely manner.
Causation: The municipality’s breach of duty directly caused your injuries. There must be a clear connection between the city’s failure and your accident.
Damages: You suffered actual damages as a result of the accident, such as medical expenses, lost income, pain and suffering, and property damage.

Gathering Evidence to Strengthen Your Claim

Proving that a municipality is responsible for a bicycle accident requires strong evidence. Key types of evidence include:

Photos and Videos: Document the dangerous condition that caused your accident, such as potholes, broken pavement, or poor signage.
Maintenance and Repair Records: Your attorney can request records from the city showing when the road was last inspected, whether complaints had been made, and how long the hazard had existed.
Witness Statements: Statements from other cyclists, drivers, or pedestrians who are familiar with the road conditions can bolster your case.
Police Reports: Obtain a copy of the police report filed at the scene of the accident.
Medical Records: Document your injuries and medical treatment.

Legal Challenges in Suing a City

Suing a government entity is more complicated than filing a typical personal injury lawsuit against a private party. Municipalities often have legal protections known as “sovereign immunity,” which shields them from many types of lawsuits. However, exceptions exist when a government entity’s negligence leads to an accident.

Notice of Claim and Statute of Limitations

Before you can sue a city, you typically must file a “notice of claim” within a specific timeframe. This notice informs the city of your intent to sue and provides them with an opportunity to investigate the incident. The deadline for filing a notice of claim is often much shorter than the statute of limitations for personal injury lawsuits.

In New York, for example, you generally must serve a notice of claim on the city within 90 days after the incident. After serving notice, you must file the actual lawsuit within one year and ninety days from the date of injury.

Common Legal Defenses Used by Cities

Cities may use several legal defenses to avoid liability in bicycle accident cases:

Lack of Prior Written Notice: Many municipalities require prior written notice of a road defect before they can be held liable. This means that if the city was unaware of the hazard, they may not be responsible.
Discretionary Immunity: Municipalities may argue that decisions about road maintenance are discretionary (policy-level choices) and therefore immune from liability.
Comparative Negligence: The city may argue that the cyclist was also negligent and contributed to the accident. If the cyclist was partially at fault, their damages may be reduced.
The city may argue that the cyclist assumed the risk of riding a bicycle on city streets.

Types of Compensation Available in a Bicycle Accident Case

If you successfully sue the city for your bicycle accident injuries, you may be entitled to compensation for:

Medical Expenses: This includes past and future medical bills, rehabilitation costs, and ongoing care.
Lost Wages: You can recover lost income from time off work due to your injuries, as well as diminished earning capacity if your injuries prevent you from working in the future.
Pain and Suffering: Compensation for the physical pain and emotional distress caused by the accident.
Property Damage: Reimbursement for damage to your bicycle and other personal property.
Loss of Enjoyment of Life: Compensation for the ways your injuries have limited your ability to participate in activities you once enjoyed.

Examples of Successful Lawsuits Against Cities for Bicycle Accidents

There have been several cases across the country where cities were held accountable for bicycle accidents caused by poor road conditions. For instance:

In 2021, a cyclist in San Francisco was awarded \$3.25 million after suffering a traumatic brain injury due to a dangerously designed intersection that had been the subject of multiple complaints.
In 2022, a Florida cyclist successfully sued her city for \$750,000 after a pothole caused her to crash, resulting in severe spinal injuries. The pothole had been reported multiple times, yet the city failed to address it in a timely manner.
In 2015, Los Angeles resident Peter Godefroy was injured after a pothole caused him to fall off his bicycle. He was awarded a \$6.5 million settlement.
An Oakland resident recently recovered \$6.5 million after crashing on a poorly paved, potholed section of Grizzly Peak Boulevard. The plaintiff suffered serious life-altering injuries as a result of the crash including paralysis.

The Role of Expert Witnesses

Expert witnesses can play a crucial role in bicycle accident lawsuits against cities. They can provide specialized knowledge and opinions to help establish negligence and causation. Types of expert witnesses may include:

Accident Reconstructionists: These experts can analyze the accident scene, vehicle damage, and other evidence to determine how the accident occurred and who was at fault.
Engineers: Engineers can assess the design and maintenance of the roadway and identify any defects that may have contributed to the accident.
Medical Experts: Medical experts can testify about the extent and cause of your injuries.
Bicycle Experts: Those with experience in cycling can testify about the impact of road conditions on safe bicycling.

Do I Need a Bicycle Accident Attorney?

Suing a city for a bicycle accident is a complex process with many legal hurdles. An experienced bicycle accident attorney can help you navigate these challenges and build a strong case. A lawyer can:

Investigate the accident and gather evidence.
Determine the liable parties.
File a notice of claim and lawsuit within the required deadlines.
Negotiate with the city’s attorneys.
Represent you in court if necessary.

Conclusion

If you have been injured in a bicycle accident caused by road defects, it is essential to understand your legal rights and options. While suing a city can be challenging, it is possible to hold them accountable for their negligence. By gathering strong evidence, working with an experienced attorney, and understanding the legal complexities, you can seek the compensation you deserve and help make the roads safer for all cyclists.