City and state governments are responsible for maintaining a safe roadway for everyone, including pedestrians and cyclists. When this doesn’t happen, bicycle accidents are more likely to occur. But who’s responsible for the damages if the accident was caused by a pothole or another street defect instead of another driver? Here’s what to know and how to get legal help. 

Top Roadway Defects That Cause Or Contribute To Bicycle Accidents 

The most common road defects that can cause devastating or even deadly bicycle accidents include: 

• Large cracks or potholes in the road 
• Malfunctioning or poorly timed traffic lights 
• Inadequate roadway and shoulder design 
• Improperly placed or narrow medians 
• Poorly designed intersections 
• Lack of bike paths 
• Poor placement of road signs and utility poles 
• Overgrown foliage 
• Construction area violations 

In most cases, the town or agency that maintains the roadway will be considered liable for accidents caused by road defects or dangerous conditions that were preventable. 

How To Prove Liability When Your Bicycle Accident Was Caused By Municipal Negligence 

To prove that your city or town should be held liable for your accident, you’ll need to have specific evidence. You need to show that they were responsible for maintaining the area where the accident occurred and that they neglected to. 

This may be difficult if the agency has legal immunity or if there are laws that shield them from being sued. For example, if a city employee’s mistake caused a street defect that resulted in a bicycle accident, the employer may be able to get out of paying for it if there are immunity protections that state the company can’t be held liable for the actions of its staff.  

In that case, the accident victim would need to pursue legal action against the employee. Since they are unlikely to be covered by insurance or have liquid assets with which they could pay for a lawsuit, suing them would arguably be an expensive and frivolous pursuit. 

Call For Legal Help After A Devastating Bicycle Accident 

Zink & Lenzi personal injury lawyers have represented many bicycle accident victims and their families. We can help you navigate the legal system and pursue the full and fair compensation you deserve after being injured in a bicycle crash caused by a road or street defect. Call now for your free initial consultation by dialing 530-895-1234.