Can A Cyclist Sue For A Road Hazard?
The last thing you expect from riding a bike on a nice day is getting into a serious accident. Unfortunately, over 45,000 bikers suffer injuries from accidents each year. If you’re part of this statistic, you’re probably wondering who’s responsible for what happened, especially if it was due to a road hazard. This post will go through who’d be liable for your accident and how our Long Island accident lawyers can help.
What’s Considered a Road Hazard For Bikers?
Most roads or bike lanes are filled with hazards if you’re not careful. Some might happen due to bad weather, while others are due to poor maintenance or construction. The most common road hazards cyclists face include:
- Potholes
- Uneven payment
- Loose gravel
- Debris
- Broken sewer gates
- Poor signage
- Cars blocking bike lanes
- Faded lane signage
Who’s Liable For Your Accident?
In some cases, finding who’s directly responsible for what happened can be challenging. This is especially true if there were multiple causes of the accident. Generally speaking, there are a few parties that may be held liable for damages:
Local Governments
City governments are responsible for keeping roads safe for driving. If they fail to maintain it and don’t warn drivers (including cyclists) about potential hazards, you have the legal right to file a case against them.
Keep in mind that there are special rules when suing a municipal government in New York. You’ll have to file a Notice of Claim within 90 days if you want to go through with it. If you miss the deadline, there’s a huge possibility of your claim being denied.
Construction Companies
Construction crews are required to keep public areas around the site free of debris and add warning signs when appropriate. If they don’t and you get into an accident, you can hold them liable for any damages.
Property Owners
If you crashed near a driveway that crosses into a bike lane or road, the property owner may be held liable for what happened. They have the legal obligation to keep their home safe and free of any hazards. When they fail to address them, it could be considered negligence and form the foundation of your claim.
What To Do After Your Cycling Accident
If you’re ever in a cycling accident, follow these steps once you’re safe:
Seek Emergency Treatment
Get emergency services on the scene immediately. They’ll treat your injuries and evaluate your condition. This will give you an idea of any ongoing treatment you’ll need and serve as evidence when you file your claim.
Document Everything
The most successful claims have detailed evidence of the accident. Write down dates, take photos of the scene, or speak to witnesses who are willing to make a statement about what happened.
Contact A Lawyer
Determining who’s at fault in these cases can be an uphill battle, depending on the case. An experienced accident lawyer can evaluate your case’s details and help you determine which party is at fault.
Filing A Claim For A Recent Bicycle Accident?
Getting injured from a bicycle accident can leave serious long-term injuries that you may never recover from. You have the right to seek justice and file a claim against anyone responsible. Our Long Island accident attorneys have decades of experience helping victims secure the compensation they deserve. Please contact us at (866) 442-0513 to schedule a free consultation today.