When traveling on roadways, riders expect safe roadways that are maintained regularly, with proper warning of hazards or impassible areas. In the absence of these warning measures, serious injury can result.
Most streets and public trails are at some risk for potholes, especially during transitional weather periods in the spring and fall. Potholes are particularly risky in two-wheeled transit, and must be promptly and completely eliminated to avoid an accident. Should a rider be hurt due to a pothole caused by inadequate road repair, a settlement for losses is the best course of action. In these cases, the cyclist must demonstrate that the city fostered unsafe cycling conditions by improperly or inadequately fixing the road damage, or by failing to give riders enough warning of irregular road or trail conditions.
Hazards such as drain grates or railroad tracks present a similar risk to riders. Railroad tracks must be situated so that traveling over them does not present a risk to operators. Railroad tracks in the same as the road must be properly covered in order to prevent accidents caused by trapped tires. If the tracks are still in use, warning must be posted to alert riders to dangerous travel ahead.
For similar reasons, drain grates must not run parallel to the roadway. Those that do must be replaced or made safe for riders (using cross bars or other simple upgrades).
Should you be hurt in a cycling accident, you must follow the same procedures as a motor vehicle driver:
- File a police report, take photos at the scene of the crash as soon as possible
- Do not make repairs to your damaged equipment until such time as it is no longer evidence in your claim.
- If a driver is involved in the accident, do not conduct any interview with the insurance agent without first seeking representation
- At the time of the accident, get evaluated by a doctor or emergency care professional and have your injuries treated. In addition, you must have injuries documented for use in the claims process.
Ty Wilson is an Savannah |Atlanta bicycle accident attorney and strives to not only help the injured and the families of the injured but to provide education along the way. He offers free information in the way of books and reports as well as on his website library. Contact Ty at 912-508-4711 in Savannah or 770-948-5454 in Atlanta.