Bike Lane Crashes: Can You Sue for Unsafe Road Conditions?

Bike Lane Crashes: Can You Sue for Unsafe Road Conditions?

• Apr 26, 2025
• Admin

In 2023, over 1,000 cyclists in the U.S. died in traffic-related accidents, and many more were severely injured, according to the National Highway Traffic Safety Administration (NHTSA). A growing number of these incidents happen in designated bike lanes—places meant to be safe. But what if a crash is caused by a road hazard, not a reckless driver?

If you’ve been seriously hurt in a bike lane due to poor conditions, you might wonder: Can you take legal action? The short answer—yes, in many cases, you can.

When the Road Fails You

Bicycling is a popular and eco-friendly mode of transportation, but it comes with its own set of risks. Cracks, potholes, debris, poor lighting, and unclear markings can transform a bike lane into a hazardous zone. In some cases, these dangerous road conditions are the result of negligence by local governments, contractors, or private property owners. If their failure to maintain the roadways leads to a serious accident, you may have the option to pursue legal action.

Cyclists have the right to expect that public roads, including bike lanes, are safe to travel on. Unfortunately, when roadways are not properly maintained or designed, accidents can occur. If this happens, an experienced law firm accident lawyer can help determine if legal action is viable.

Who Can You Hold Responsible?

When an accident occurs due to unsafe road conditions, the responsible parties may include:

Local or State Governments: These bodies are usually responsible for the design, maintenance, and upkeep of public roads and bike lanes. If they fail to address hazardous conditions like potholes or poor lighting, they could be held liable.

Construction Companies or Contractors: If recent construction work was performed on the road, and that work caused unsafe conditions (e.g., unmarked debris or improperly finished roadwork), the contractors may be held responsible for the accident.

Private Property Owners: Sometimes hazards originate from nearby private land, such as trees or debris spilling onto the bike lane. In these instances, the private property owner may be liable for maintaining safe conditions.

Filing a claim against a government body is different from a typical personal injury lawsuit. There are strict deadlines and procedures that must be followed, and those vary by state. This is where an accident law attorney becomes important—they know how to meet these requirements without missing deadlines.

What You Need to Prove

Suing for unsafe road conditions is not an easy task. To succeed in such a lawsuit, you must prove the following:

The Hazard Existed and Caused the Crash: You need to demonstrate that the dangerous condition, such as a pothole or debris, was the direct cause of your accident.

The Responsible Party Knew or Should Have Known About the Hazard: You must show that the party responsible for maintaining the road (government, contractor, or private owner) knew or should have known about the unsafe condition.

Failure to Act in a Reasonable Time: Proving that the responsible party failed to repair or address the hazard within a reasonable time frame is crucial.

Your Injuries Were a Direct Result of Their Failure: Finally, you must establish that the injuries you sustained were a direct consequence of the road condition.

Gathering photos, witness accounts, and maintenance records is essential to build a strong case. Without sufficient evidence, your claim may be weak.

Government Immunity and Its Exceptions

Governments are usually protected by what’s called “sovereign immunity.” But most states allow lawsuits under specific conditions. For example, if a city failed to fix a known pothole in a bike lane, and that pothole caused your crash, you might be able to sue under the state’s tort claims act.

However, the timeline to file is much shorter—sometimes just 30 to 180 days after the incident. That’s why it’s crucial to talk to an accident law attorney as soon as possible.

Is It Worth It?

Filing a claim can lead to compensation for:

Medical bills

Lost income

Pain and suffering

Long-term disability or rehab costs

While these cases are not easy, many riders have successfully received settlements after proving a clear link between road neglect and their injuries. An experienced accident lawyer or law firm can evaluate your case and help decide your next steps.

Take Action Now: 24/7 Legal Support

Bike lanes are designed to protect cyclists, but when road conditions fall short, they can put your safety on the line. If you’ve been injured due to poorly maintained or unsafe bike lanes, you may have grounds for legal action. The sooner you act, the stronger your case.

When you choose Bendell Law Firm, PLLC, you choose an attorney who truly listens and is dedicated to fighting for your rights. With a no-win, no-fee promise, there’s no financial risk to you—only a pathway toward justice. Plus, we’re here for you 24/7, ready to provide guidance and support whenever you need it.

Don’t wait—take the first step today with a complimentary consultation and discover how we can work together to hold those responsible accountable. Your case deserves attention, and with Bendell Law Firm, you’ll have a partner every step of the way.