Republished with Permission © 2011 Nolo.
by Attorney Joseph L. Matthews
Learn when the government is responsible for bike accidents caused by dangerous road conditions.
Bikes are particularly susceptible to accidents caused by road hazards. Because of their relative instability and thin tires, unexpected, abrupt changes in the road surface can be treacherous, causing even the most careful, experienced cyclist to fall or lose control and veer into the path of a car. Road hazards most likely to cause bike accidents include potholes, sewer grates, and railroad and trolley tracks.
[In a city like Portland, potholes or mismarked road signals and other dangers can go uncorrected for long periods of time. This is why the cyclist who takes the same route to work every day should take the time to learn it and all its idiosyncrasies.]
When a bike accident is caused by a road hazard, the most likely responsible party is the state, county, city, or other public agency that maintains the roadway. Whether you can prove liability and get the government to pay up generally depends on the type of hazard and what the government could have done to prevent the problem.
[Another issue confronting plaintiffs in Oregon bicycle accident injury claims is the Oregon Tort Claims Act. This act required notice to a government entity before filing suit against them. There are strict timelines for providing this notice and a strong bicycle accident claim could be lost completely by simply failing to comply with the requirements of the act.]
Accidents Caused by Potholes
Generally, potholes occur for one of two reasons:
•· Shoddy temporary road fixes sink or crack soon after they are done.
•· Long-term wear and tear on the road causes surface breaks.
If the pothole is the result of shoddy temporary repair work, whether the public entity performing the roadwork is responsible depends on whether it provided sufficient warning of the hazard. Sufficient warning might include blocking off the repaired area, or placing warning signs or cones around the area.
If the pothole is the result of long-term wear and tear, the key question as to whether the roadway agency was negligent (and therefore legally responsible) is how long the pothole has been present. If the surface break has been there for a few days, the public agency is usually not responsible for an accident caused by the pothole. However, if the public agency leaves the pothole there for weeks or months, it may be responsible for bike accidents caused by the hazard. This is particularly true if previous accidents have occurred there and the public agency is aware of them.
[For the reasons just mentioned, pothole cases can be tricky and the experienced Portland bicycle accident lawyer will conduct some initial research in conjunction with the bicycle accident victim to determine the viability of the claim before filing a lawsuit.]
Accidents Caused by Sewer Grates
Sewer grates can present a serious danger to cyclists. If sewer grate bars go in the same direction as traffic, bike tires can easily become stuck between them. Due to many outspoken bike riders, most cities and counties have changed the shape or direction of sewer grates or partially covered them with crosshatch safety bars. But many dangerous sewer grates still remain on the roadways. [Portland has done a pretty good job eliminating this hazard for the most part, but that does not mean it has been universally corrected.]
If a cyclist gets into an accident because of a sewer grate, the argument is this: Bikers have a right to ride on a safe road; a direction-of-travel sewer grate presents a serious unexpected hazard; and there are simple, inexpensive remedies for the problem, none of which the city or county employed to eliminate the danger. [This argument does not always work in front of an Oregon jury, but it is generally considered a strong basis for liability in an Oregon bicycle accident case.]
Accidents Caused by Rail or Trolley Tracks
Little-used or abandoned rail tracks present hidden hazards to cyclists. They are dangerous when they run on the roadway in the direction of traffic, and even more so when they cross the road at a curve or angle. A bike wheel can easily get caught in the space between rail and road, causing the cyclist to crash or be thrown into a car.
The public entity's liability for a bike accident caused by rail tracks depends on a two-part inquiry:
First, what is the rail position? If the tracks run in the direction of traffic or cross on a curve or angle, they are dangerous to cyclists. Tracks that are perpendicular to the road are not particularly dangerous.
Second, what has the public entity done to reduce the hazard? If the rails are dangerous and no longer used, the public entity could have removed or covered them. If the rails are dangerous and still in use, the public entity must provide sufficient warning to cyclists, such as warning signs. And a public entity should never create a bike path, encouraging bikes to travel that way, if the path crosses dangerous tracks.
[This is a very strong summary of railroad track liability in bicycle accident cases. While this isn't a huge problem in an urban center like Portland, you can still find dangerous railroad tracks in Portland. When they cause injuries to bicyclists, the city of Portland or other government agencies can be found liable.]
To learn more about proving fault when bike accidents are caused by road hazards, including how to request the appropriate information from public entities, get How to Win Your Personal Injury Claim, by attorney Joseph L. Matthews (Nolo). This easy-to-use guide also covers other common bike accidents, as well as motorcycle, car, and other accidents.