- October 2, 2015
Bicycle riders are extremely susceptible to accidents caused by potholes. Because potholes or any other type of road hazards cause an abrupt change in the roadway, even some of the most skilled cyclists are injured after hitting a pothole while riding.When a bicycle accident occurs due to a pothole or other road hazard, many parties could be liable for your injuries and damages. If a street defect is to blame for the bike accident, responsibility for a victim’s injuries generally falls upon the city where the accident took place (or one of its governmental agencies). This is because the government has a duty to the public to maintain roads and highways so they are safe and free of danger. However, a good rule of thumb is that whoever is responsible for maintaining the roadway – whether it be the state, county, city or other public agency – you may be able to hold them liable for your injuries.
It is important to understand when trying to sue the city, for example, that proving liability in these types of cases can be complex. This is because government entities can receive immunity if they can prove that sufficient warning of the hazardous condition existed at the time of the injury, such as blocking off the area or placing warning signs or cones around the pothole; or that the pothole was not present for a long period of time. For example, if the surface break has only been there for a few days, the city may not be responsible for an accident caused by a pothole.
Because it can be confusing to determine whether or not a government entity is liable, it is in your best interest to speak to a personal injury attorney who has experience handling Michigan pothole cases.
At Goodman Acker, P.C. our Detroit personal injury lawyers handle cases involving city sidewalks and potholes. One of our most recent cases involves a client who was riding her bicycle near her home in Ira Township when she hit a pothole causing her to flip over the handlebars of her bike. The wheel of her bicycle had gone right into the pothole and she used her arms to break her fall. As a result of the accident, she fractured her left wrist and has been receiving treatment with an orthopedic surgeon. Our client is also receiving physical therapy treatment for her injury and will require surgery once she is finished with her therapy treatment. Open reduction internal fixation (ORIF) may also be necessary on both sides of the wrist.
We investigated the claim and found that the local municipality is liable for her injuries. We have filed a lawsuit on behalf of her injuries and will be seeking compensation for damages.
If you or a loved one hit a pothole while riding your bike in Michigan and suffered serious injuries, you may be entitled to compensation for your damages. Damages could include medical bills, wage loss, and other damages associated with your injuries. For more information on filing a claim or to discuss your case, contact Goodman Acker P.C. at (248) 286-8100.
We offer a free, no-obligation case review where we can answer any questions you may have and determine your rights. Best of all, should you need legal representation we offer a trusted no-win, no-fee promise, which means there are no legal fees or costs to you whatsoever until we win or settle your case.