Road hazards and your rights: What you need to know (Bicycle Law Sponsor Blog)
As cyclists ourselves, Bicycle Law is committed to not only providing legal services to cyclists, but also educating riders about relevant legal issues. This is the second in our series of blog posts throughout the year answering common questions we hear from riders. Have more questions or want to discuss something in more detail? Email us at info@bicyclelaw.com or talk to Miles Cooper when he joins the B/C rides the first Saturday of every month!
We all love throwing down some big miles, whether it's a fast-paced training ride or a scenic long endurance haul through our beautiful local roads. We train hard, we invest in our bikes, and we push our limits. But there's a lurking opponent out there that can take us down faster than any competitor: road defects.
We’ve all encountered them: that jarring pothole that makes your teeth rattle, the sudden dip in the pavement that throws your line off, or the tire-puncturing debris after a construction zone. While we might grumble and keep riding, sometimes these seemingly innocuous hazards can lead to serious crashes and even worse injuries.
It’s incredibly frustrating and frightening to be injured while doing something you love, especially when it feels like it could have been prevented. But what happens when that preventable incident is due to a poorly maintained road? That's where things get a bit more complex, and it’s something every experienced rider should understand.
Photo Courtesy of Cameron O’Reilly
Common culprits on our roads
We know these all too well, but before we dive in, it's worth a quick review of the types of defects that often cause issues:
Potholes: The classic menace. These sudden depressions can cause you to lose control, flat your tire, or go down hard.
Uneven pavement: Raised manhole covers, sunken utility cuts, or asphalt patches that don't quite match the surrounding surface can create a dangerous obstacle course.
Construction debris: Gravel, rocks, or other materials left behind by construction crews can turn a smooth descent into a minefield.
Poorly marked bike lanes: Faded lines, confusing merges, or inadequate signage can lead to dangerous interactions with vehicles.
Lack of shoulder: Especially on some of our more rural training routes, a sudden disappearance of a paved shoulder can force us into traffic.
Understanding liability: Who's responsible when the road fails you?
When we’re talking about road defects, we’re often talking about government entities: the city, county, or state agencies responsible for maintaining our roads. This is commonly referred to as "government liability." But it’s not as simple as pointing a finger and saying, "They should have fixed it!" To establish liability, you generally need to prove three key things:
Duty to Maintain: The government entity had a legal responsibility to maintain that specific stretch of road in a safe condition.
Breach of Duty: They failed in that duty by not repairing or addressing the dangerous condition. Maybe they knew about it and didn’t fix it, or they should have known about it through reasonable inspection.
Direct Causation: The dangerous condition was the direct cause of your injuries. This means there's a clear link between the defect and your crash.
The critical role of "notice"
This is a big one, and it’s often the trickiest part of these cases: “notice.” Government entities generally need to have been aware of the dangerous condition and had a reasonable opportunity to fix it before they can be held liable. Think about it from their perspective: they can't fix something they don't know is broken.
"Notice" can come in different forms. Maybe someone else complained about the pothole, or there were previous accidents reported at that location. Sometimes, depending on the severity and duration of the defect, “constructive notice” can be argued — meaning they should have known about it if they were properly inspecting the roads.
What you can do: Your action plan at the scene
We all hope this never happens to us, but if you do find yourself in a situation where a road defect causes a crash, here's what you can do at the moment of impact (if you're able) that will be incredibly helpful later:
Document, document, document! This is paramount. If you can, take photos and videos of the road defect from multiple angles. Get close-ups, but also wider shots that show the surrounding area. This helps pinpoint the exact location.
Note the exact location: Be as precise as possible. Street names, cross streets, mile markers, even nearby businesses or unique landmarks.
Witnesses are gold: Did anyone else see what happened? Other cyclists, motorists, or even pedestrians? Get their contact information. Their testimony can be invaluable.
Report it (if safe): If it's a major hazard, consider reporting it to the relevant local authorities (city public works, county roads department) once you are safe and able.
Good citizenship: Report it!
Hazards usually don’t get fixed unless they get reported, and even then it frequently takes several reports before an agency takes action. If you come across a hazard, particularly one that will harm a cyclist — but a driver might not consider dangerous — snap a photo and send it in. Many municipalities now use 311 as a reporting tool and it can be very easy to upload the photo with the location. You can also submit reports directly to CalTrans (who is responsible for maintaining many of the roads we ride) via their online form. This not only increases the chances the hazard won’t take down a cyclist; it also puts the governmental entity responsible for the road on notice, making it easier for a rider to bring a successful claim if they do get hurt.
Calling out hazards is also extremely important to do during a group ride! If you’re riding with others, make sure you indicate hazards to the rest of the peloton verbally and/or with hand signals. Something that might be obvious and inconsequential to a rider at the front of the pack, like a bump or bit of gravel on the road, could easily cause a crash between riders behind if they are caught unawares.
The takeaway
While training tends to focus on power, speed, and endurance, being aware of these potential road hazards and understanding your rights if something goes wrong is a crucial part of being a well-rounded lifelong cyclist. Be prepared for anything on the road — and that includes knowing how to protect yourself legally if a dangerous road condition causes an injury.
Rubber side down,
The team at Bicycle Law
Important notice (AKA things lawyers have to say):
The information provided in this post is not legal advice. The information provided on this public website is provided solely for the general interest of the visitors to this website. The information contained herein applies to general principles of American jurisprudence and may not reflect current legal developments or statutory changes in the various jurisdictions and therefore should not be relied upon or interpreted as legal advice. Understand that reading the information contained in this column does not mean you have established an attorney-client relationship with Coopers LLP, operators of Bicycle Law. Readers of this post should not act upon any information contained within without first seeking the advice of legal counsel.
