Bicycle Accidents and Road Hazards

According to a national survey from 2012 about the attitudes and behaviors of bicyclists and pedestrians, about 13% of bicycle-related injuries are actually caused by road hazards. Bicycles, of course, are especially prone to road hazards due to their thin tires and instability, and their riders have a legal right to roads that are reasonably safe and do not increase the risk of an accident themselves.

Legal claims for injuries sustained in bicycle accidents must determine who was responsible for the accident and whether direct negligence was involved.

Two primary elements must be shown for an injured bicyclist to be compensated for his/her damages:

– Another person or entity breached a duty of care which was owed to the injured cyclist; – The breach of care was a direct cause of the cyclist’s damages. When the accident was caused by a road hazard, the responsible entity may be the city, county, state, or a public agency which maintains the particular roadway. Whether this entity is legally responsible for your injuries depends in part on the type of accident you were involved in: – Potholes – Potholes commonly occur for two reasons: surface breaks/wear-and-tear over time; and the cracking or sinking of temporary road fixes. Public entities responsible for temporary road work are usually responsible for providing sufficient warning to drivers, bicyclists, and pedestrians alike – such as blocking off the work area or placing warning cones or signs – and failure to do so may result in legal liability for that entity if a bicyclist is then injured in an accident. – Sewer grates – These can be dangerous for bicycles, especially when tires can become stuck in them and project the rider from the bicycle. Although many cities and counties have replaced these sewer grates with safer ones, many hazardous grates still exist in residential and high-traffic areas. – Rail tracks – Rail tracks can be hazardous to cyclists whether they run along a roadway in the direction of traffic or cross the road at an angle or curve. A breached duty of care for rail tracks commonly involves failure to properly maintain these tracks in a way that does not pose unreasonable danger to others, which may fall onto a public entity responsible for these tracks.

If you or a loved one has been injured in a bicycle accident involving a road hazard, contact 844 See Mike, LLC for a free consultation. We are a Chicago-based injury law firm representing individuals (and their families) who have suffered an injury in an accident. We will handle your case quickly and advise you every step of the way, and we will not hesitate to go to trial for you.

Lastly, 844 See Mike is not paid attorneys’ fees unless we win your case. Our no-fee promise is that simple. You have nothing to risk when you hire us – only the opportunity to seek justice.