Dangerous road conditions account for many of the road accidents in our country. When you are on a bicycle, road hazards can cause pose an increased risk of serious accidents. Road bikes have narrow wheels and lack the stability of a vehicle with four wheels so when a rider hits a pothole, grate in the road, or railroad track, he or she can be in serious trouble. What a lot of bike riders might not know is that if they are seriously injured due to a road hazard, it is possible to sue the entity that is responsible for the design, construction or the maintenance of the roadway where the hazard is encountered.
A bicyclist has to ride so defensively when on public streets and other roadways that it can be difficult to keep one’s eyes down to catch discrepancies in the road surface. A rider must watch the traffic around one’s bicycle as well as the road ahead to keep safe while riding.
Road Hazards
There are different types of road hazards a cyclist might encounter which would be insignificant if the rider where in a car, truck or SUV:
- Potholes and cracks in the pavement
- Sewer grates and manhole covers
- Parked cars
- Train tracks
- Construction zones, cones, and barriers
- Loose gravel and debris
- Flooding water that makes a bikeway slippery
In the case of potholes or damaged pavement, the liability issue will depend on a number of factors including:
- The length of time the hazard was present
- Attempts to repair it
- Complaints made or prior accidents involving the hazard
- Types of warnings used to warn cyclists of the hazard
- Reports may regarding the hazard to the public entity responsible for the roadway
Sewer grates have slowly been changed to accommodate bike tires and prevent them from slipping through the openings in the grate, but not all cities have made this effort. It is a simple fix, and you as a cyclist have the right to ride on safe roads. If the city hasn’t addressed this problem which results in you being injured in a bicycle accident, you may have a right to seek compensation in a personal injury lawsuit. Similarly, railroad tracks that are should have warnings posted around them, or if they are abandoned, they should be covered over by the local governing authority. When crossed by cyclists, these tracks can be deadly. If a government or a company could have taken reasonable steps to prevent any of these types of problems, then you might have a basis for a Mississippi lawsuit to recover for your bicycle-related injuries.
If you are involved in an accident caused by one of these types of hazards, it is important that you contact the police to file a police report. When you are physically able you should take pictures of the hazard or have someone you trust do so. The chance that you will be able to seek full compensation for your injuries is also increased if you promptly seek medical evaluation and treatment.
Liability
These types of cases can be difficult. It is almost essential that you enlist the aid of an experienced bike injury attorney due to the complex nature of these cases and the challenge involved proving liability. Another challenge that may arise when deciding to seek compensation from a public entity that may be liable for your injuries is the preservation of the accident scene. Many times when the city or local government is notified about the accident, they attempt to go out and fix the hazard before investigators can examine it. This is why it is important that you try and get photos. Public entities also benefit from limited immunity from lawsuits so it is important to consult and experienced Mississippi bicycle accident lawyer who will be familiar with the special notice of claim and timing requirements involved in Mississippi lawsuits against government entities.
It also is always important to speak to an experienced Mississippi bicycle accident lawyer before you speak with an insurance company adjuster. While these cases often are settled without going to trial, cases where the victim does not attempt to negotiate with the insurance company without an attorney provide the best chance of a successful settlement or trial verdict.
If you have been seriously injured or a loved one has suffered wrongful death in a Mississippi bicycle accident caused by a road hazard, Barrett Law, PLLC utilizes careful investigation, innovative litigation strategy and zealous advocacy to obtain the compensation that our clients deserve. Our experienced team of attorneys and staff carefully investigate our clients’ bicycle accidents so that we can help our clients obtain the compensation they need to get their lives back on track after a serious Mississippi bike accident.
Call to speak to a Mississippi bicycle accident lawyer to discuss you legal right for fair compensation. Barrett Law, PLLC represents bicycle accident victims throughout Mississippi and has roots that reach back 75 years. We have helped thousands of people just like you so call us today at (662) 834-2376