Road hazards pose serious dangers to cyclists who lack the stability and protection of motor vehicles. Potholes, debris, cracks, and poor pavement conditions cause crashes that result in severe injuries. Understanding liability for road hazard accidents helps injured cyclists identify responsible parties and pursue compensation.
Common Road Hazards Affecting Cyclists
Cyclists face numerous road hazards that pose minimal danger to cars but can cause serious bicycle accidents. Potholes can swallow a bicycle wheel, causing crashes. Cracks and pavement irregularities, including expansion joints and railroad crossings, can catch wheels and throw riders.
Other hazards include debris (gravel, broken glass, fallen branches), storm grates with slots parallel to travel direction, wet paint or road markings that become slippery, construction materials and uneven temporary surfaces, and oil slicks and standing water hiding road defects.
Government Liability for Road Conditions
Municipal and state governments have duties to maintain reasonably safe roads for all users, including cyclists. When dangerous conditions cause bicycle accidents, government entities may be liable. Recoverable claims typically involve known hazards the government failed to repair, conditions that should have been discovered through reasonable inspection, improper design that creates unnecessary cyclist dangers, and inadequate warnings of temporary hazards.
Sovereign immunity limits government liability, but most states have waived immunity for dangerous road conditions. However, strict procedural requirements—including very short deadlines for notice of claim—apply.
Notice Requirements for Government Claims
Claims against government entities require administrative notice filed within strict deadlines—often 30 to 180 days from the accident. Missing this deadline typically bars the claim entirely regardless of merit.
Notice must generally include specific information about the accident location, the dangerous condition, your injuries, and damages claimed. Proper format and content requirements vary by jurisdiction.
Prior Notice Requirements
Some jurisdictions require proof that the government had prior written notice of the specific hazard before liability attaches. Records of citizen complaints, work orders, previous accidents at the location, and inspection reports establish the government's knowledge.
Even without prior written notice, liability may exist if the hazard was created by government action (improper road work) or was so obvious that reasonable inspection would have discovered it.
Private Party Liability
Property owners may be liable when hazards on their property or negligent maintenance affects adjacent roads. Contractors who performed road work negligently may be liable. Businesses that allow debris or hazards to enter the roadway may bear responsibility.
Construction companies, utilities, and others who create road hazards through their work can be held accountable for resulting injuries.
Evidence Preservation
Document the hazard immediately with photographs showing its size, location, and visibility. Measure potholes and record dimensions. Note any warning signs (or their absence) and whether the hazard was marked or protected.
Return to photograph the location if repairs occur—prompt repair after your accident may indicate the government recognized the hazard.
If you crashed due to road hazards, consult an attorney immediately to meet short government claim deadlines and preserve your right to compensation.