Cycling In Safety: When Your City Is Responsible For Your Bike Accident And What You Can Do About It
Even though riding a bike is one the healthiest and environmentally friendliest ways of getting around, the cars around you and the city where you live can really affect how safe this transportation actually is for cyclists. In 2013, over 700 cyclists were killed in accidents with motor vehicles. If you are a cyclist that has been injured because of an accident, you are going to need compensation. Sometimes, that compensation will need to come from the city or town, not the motorist. But how can you determine if the city or community is a fault, and is there any way to help make cities more aware of the need to share the road?
Determining Fault
The simple question you need to ask is, "What actually caused the accident?" If the cause was outside both your and the motorist's control, then someone else—the city—may be responsible. Here are some common examples:
- potholes or deep cracks that force the cyclist off the road or into another lane of traffic
- traffic lights that are not working properly
- road conditions that are excessively poor due to things like ice
- road shoulders that are not properly maintained
- poorly marked bike lanes and parking spaces
- no or limited signage to indicate speed limits or road hazards
- failing to provide alternative routes for cyclists during road construction
The reason why the city can be held liable for your biking accident is because they are responsible for improving and maintaining city infrastructure. Municipalities are also responsible for meeting the needs of the people who live in their boundaries, especially because local tax dollars go to the costs of keeping roads and trails in good condition. It is the job of local government to be aware of safety problems and to fix them in an expeditious manner.
To illustrate: If you were hit by a car that was going too fast around a curve in the road, and the curve was not marked with a recommended minimum speed, the driver could see some lifted responsibility, especially if the driver can prove that he or she is not familiar with the area in question. The city would be more responsible, because they would (or should) have seen the curved road to be a problem for cyclists, as the curve would reduce visibility for drivers. The lack of a posted sign or speed limit would therefore mean the governing principality in charge of that section of road would be more responsible for any damages than you or the motorist.
With the help of your personal injury attorney, you should see at least payment for some of your injury if the judge determines the city was at least somewhat at fault for the accident. The motorist may also carry some blame, and you might even carry a percentage as well, depending on the circumstances.
Promoting Safety In Your Community
As your recover from your injuries you should know that you can still take legal action to help make the city safer for other cyclists as well. One thing you can do is to be aware of state laws that protect and make provision for bike riders. For instance, one cycling group in Portland was able to take the city to court because they discovered that a planned new road around a stadium did not include plans for bike lanes. This was in direct violation of state laws, so the city was forced to redraw the plans, making the city safer for everyone as a result.
You can also help fellow riders to prevent and recover from injuries by reporting hazards to the city as you notice them. This way, if someone is injured because the danger was not rectified, the injured party will have a stronger case because you personally made the city aware of the problem.
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