Yes, local governments can be liable for injuries to bicyclists to due poorly maintained or defective public roadways. Local governments are generally obligated to keep roads free of dangerous defects/obstructions, and can be held liable for any injuries that result to bicyclists.
In most cases, local governments cannot be held liable for defects which are too unreasonable to anticipate, or that cannot be prevented even with precautionary measures. Some areas even allow laws that preclude government liability for injuries occurring in public recreational areas. In other words, a bicyclist who injures themselves on a defective bike trail may possibly be barred from suing his or her municipality.
Although specific factors can vary from state to state, most courts examine the following general set of guidelines when determining liability:
If you are a bicyclist who has been injured while using a public roadway, you should contact a personal injury lawyer to learn about any possible legal options. A lawyer can inform you on local laws regarding bike lanes and trails, as well as the possible success of your individual case.
Last Modified: 11-23-2015 09:58 AM PSTLaw Library Disclaimer
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