Can I sue if a road defect caused my bicycle accident?

Yes, victims of bicycle accidents can file a lawsuit if the collision was caused by a defect in the roadway. In particular, a government entity could be held liable through Georgia Municipal Code 32-4-93. Liability may occur if the municipal entity responsible for the road was negligent in constructing or maintaining it. There are a number of ways that a roadway may be in a dangerous condition so as to contribute to a bicycle accident.

• A roadway may have cracks in the pavement, which could cause a bicyclist to fall.
• A roadway may have potholes or uneven surfaces, which could cause a rider to lose their balance or control.
• The bicycle lane on a road may be of an insufficient width.
• A roadway may have signs that are obstructed by foliage.

If a municipality has actual or constructive notice of a defect with the roadway, they must take action. Failing to take action prior to an accident could form the basis of a negligence claim.