Road Hazard Bicycle Accidents: Potholes, Debris & Poor Design

Not all bicycle accidents involve another vehicle. Potholes, debris, poor road design, and maintenance failures cause countless crashes. In these cases, government entities or private parties may be liable.

Common Road Hazards for Cyclists

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Surface Hazards

• Potholes and cracks

• Raised manhole covers

• Railroad crossings

• Slippery painted surfaces

• Gravel and sand

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Debris

• Broken glass

• Auto parts from prior crashes

• Fallen tree limbs

• Construction materials

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Design Defects

• Bike lanes that suddenly end

• Poor sight lines

• Inadequate signage

• Dangerous drainage grates

Who Can Be Held Liable?

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Government Entities

• City/county for local roads

• State DOT for state highways

• Federal agencies for federal roads

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Private Parties

• Construction companies

• Property owners (debris from their land)

• Utility companies (poor manhole repairs)

Suing the Government

Government claims have special rules:

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Notice Requirements Many jurisdictions require written notice of claim within 30-180 days.

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Immunity Exceptions Governments often have immunity, but most have exceptions for:

• Known dangerous conditions

• Failure to maintain

• Defective design

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Damage Caps Some states cap damages against governments.

Documenting Road Hazard Cases

1. Photo the hazard immediately 2. Note exact location (GPS coordinates) 3. Check for prior complaints about the hazard 4. Get witness contact information 5. Preserve your damaged bike