When dangerous bicycle infrastructure contributes to accidents, cities and government entities may be liable for failing to provide safe cycling facilities. Understanding how to pursue claims against municipalities helps injured cyclists hold government accountable for infrastructure failures.
Government Duties to Cyclists
Municipalities have responsibilities to design, build, and maintain reasonably safe roadways for all users, including cyclists. This includes creating safe bike lanes and cycling facilities, maintaining bike infrastructure in good repair, providing appropriate signage and markings, addressing known dangerous conditions, and designing intersections that accommodate cyclist safety.
When government negligence in these duties causes bicycle accidents, liability claims may succeed.
Common Dangerous Infrastructure Conditions
Design defects include bike lanes that end abruptly forcing cyclists into traffic, poor sight lines at intersections, inadequate buffer space from parked cars (door zone lanes), dangerous drainage grates with slots parallel to travel, and intersection designs that put cyclists in vehicle blind spots.
Maintenance failures include potholes and pavement damage in bike lanes, debris accumulation, faded or missing lane markings, broken glass and hazards not cleared, and damaged or missing signage.
Sovereign Immunity Challenges
Government entities enjoy sovereign immunity that limits lawsuits against them. While most states have partially waived immunity for dangerous road conditions, significant protections remain.
States distinguish between discretionary functions (policy decisions like whether to build bike lanes) and ministerial duties (routine maintenance of existing infrastructure). Generally, only ministerial failures support liability claims.
Notice Requirements and Short Deadlines
Claims against government require strict procedural compliance. Administrative notices must typically be filed within 30 to 180 days of the accident—much shorter than standard statutes of limitations.
Notice requirements are strictly enforced. Missing deadlines by even one day permanently bars claims. This makes immediate legal consultation essential when government liability may exist.
Prior Notice Requirements
Some jurisdictions require proof that government had prior written notice of dangerous conditions. Records of citizen complaints, prior accidents, work orders, and inspection reports establish government knowledge.
Freedom of information requests can obtain these records. An attorney experienced in government claims knows how to investigate and document prior notice.
Damage Caps
Many states impose caps on damages recoverable against government. These limits vary widely by jurisdiction and may significantly affect recovery in serious injury cases.
Understanding applicable caps helps evaluate whether pursuing government claims makes sense and whether claims against other parties should also be developed.
Building a Government Liability Case
Document the dangerous condition immediately with photographs and measurements. Research the location's history. Identify prior complaints or accidents. Expert testimony from traffic engineers regarding safety standard violations strengthens claims.
If you were injured due to dangerous cycling infrastructure, consult an attorney experienced in government claims immediately to meet strict notice deadlines and protect your right to compensation.