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If you are in a bicycle accident caused by poor road conditions, you may wonder who, if anyone, is liable for your injuries. Determining liability is a key step in seeking the compensation you need for your losses. In Georgia, various parties could be at fault for the poor road conditions that caused your accident.
How Poor Road Conditions Contribute to Bicycle Accidents
Poor road conditions can be hazardous to cyclists in a few distinct ways, leading to severe injuries that require lengthy and expensive medical treatment. Some of the most common ways these conditions cause accidents are:
- Potholes and uneven or cracked pavement can cause cyclists to lose control and crash.
- Debris and other obstacles on the road, such as gravel and spilled oil, can make it dangerous for cyclists to traverse.
- Poor drainage can cause water to accumulate, making the road surface slippery or obscuring other road defects.
- Inadequate signage, broken traffic lights, and faded road lines can increase the risk of collisions with cars and other vehicles.
- Work zones with unmarked hazards, such as rough pavement and unexpected lane changes, can put cyclists in danger.
Who Could Be Liable for a Bicycle Accident Caused By Poor Road Conditions?
Depending on where and how your bicycle accident occurred, various parties could be liable due to their responsibility to maintain the road. These parties include government entities, private property owners, and construction companies.
Government Entities
The government is responsible for maintaining public roads and may be liable if a dangerous road condition caused your injuries. However, there are additional rules you must follow when suing a government agency. For example, under GA Code Section 50-21-26, to sue the state, you must file a notice of claim within one year of the accident before you can file a lawsuit. The deadline for filing a notice of claim against local governments varies.
Private Property Owners
Maintaining private roads, driveways, and sidewalks in front of residences and other private property is the property owner’s responsibility. If your injury occurred on a private road, the property owner may be liable under premises liability.
Construction Companies
The government often contracts construction companies to do roadwork. If the hazard that caused your injuries resulted from poor work performed by one of these companies, it may be liable for your damages.
Proving Liability in a Bicycle Accident Case
To prove liability for a bicycle accident caused by a dangerous road condition, you must provide evidence showing that the dangerous condition existed, that the party responsible for it knew or should have known about the danger, and that the hazard directly caused your injuries. Some of the evidence you can use to prove these elements are:
- Photographs of the hazard and your visible injuries
- Eyewitness statements
- Expert testimony about the dangerous condition
- Prior reports to the responsible party about the dangerous condition
- Medical records showing the extent of your injuries
Compensation Available to Bicycle Accident Victims
Through your personal injury lawsuit, you can seek compensation for your tangible and intangible losses suffered because of your injury. These losses include:
- Your past and future medical expenses related to the accident
- The wages you lost while recovering from your injuries
- The wages you will lose because of your injuries
- The physical pain and emotional suffering you experienced because of your injuries
- The impact your injuries have on your ability to perform daily activities
Contact Our Georgia Bicycle Accident Lawyer
Were you injured in a Georgia bicycle accident caused by poor road conditions? Contact Joshua E. Palmer Law Firm for a free consultation with an experienced bicycle accident lawyer. We have recovered millions of dollars for injury victims throughout the state and can help you seek the compensation you need.
