You might assume that plenty of bicycle accidents occur because of a driver’s negligence. Although this is true, some bicycle crashes happen due to poor road conditions. For example, a road with potholes that has not been maintained in years can lead to an accident.
Lawyers who handle these cases know they can be challenging. However, it is not impossible to recover money after being hurt in a bicycle accident that was caused by hazardous road conditions.
What Types of Hazardous Road Conditions Can Lead to a Bicycle Accident?
Common hazards that can cause a bicycle accident include:
- Cracked, uneven roads.
- Roads scattered with debris, trash, or even animal remains.
- Roads that have unclear markings, signs, or a poorly marked bike lane.
- Roads that have unfinished shoulders.
When faced with a road like this, you may not be able to slow down or stop in time to avoid being injured.
Who Is at Fault for a Bicycle Accident?
The vast majority of roads across the nation are owned and managed by municipalities. This could be a city, a borough, or a township. However, suing a government entity or even filing a claim against the entity can be problematic. Government agencies are covered by a wide net of legal immunities. To successfully hold a municipality responsible for paying for your medical bills, lost wages, and property damage, you would need to prove several key points.
The first point is that the municipality had violated its obligation to appropriately meet road standards. Though this may seem easy to prove if you fell off your bike while running over a pothole, you may not be looking at the entire picture. What if the pothole had emerged in the past few days?
The second point you must make is that the road condition contributed to your accident. If your bike was poorly maintained, the municipality’s insurance carrier might argue that you contributed to the crash.
For these reasons, it is critical to have a lawyer following a severe bicycle accident. Your lawyer will help prove who is at fault.
What Should You Do After a Bicycle Accident?
After a bicycle accident, you should:
- Take photos and videos of the scene.
- Get the names of any eyewitnesses.
- See a doctor right away to get a diagnosis.
- Attend all treatment appointments.
- Speak with a lawyer if necessary.
Atlantic City Bicycle Accident Lawyers at the D’Amato Law Firm Can Help You After a Devastating Accident
Did poor road conditions cause you to crash while riding your bike? Contact our experienced Atlantic City bicycle accident lawyers at the D’Amato Law Firm. Call us at 609-926-3300 today or fill out our online form to set up a free consultation and to learn more. We are located in Egg Harbor Township, New Jersey, and we proudly assist clients in South Jersey, including Atlantic City, Linwood, Galloway Township, Cape May, Vineland, Millville, Bridgeton, Ocean City, and Woodbury.