Bike Injury Claims Against Delaware For Road Hazards

Bike Injury Claims Against Delaware For Road Hazards

Poor road conditions, road debris, and other road hazards can pose a serious threat to bike riders. A pothole that would not necessarily be an issue for a large truck or an SUV may cause a bike rider to crash. Likewise, a vehicle can simply run over most road debris, but a bicyclist will crash if he tries to run over most road debris. Unfortunately, bike lanes and roadway shoulders often have a higher risk of accidents caused by road hazards. A stray branch, broken bottle, tire pieces, or other debris can result in a tragic accident.

Cyclists face a host of dangers when sharing the road with motor vehicles, but some of the most dangerous threats to bike riders are from dangerous road conditions. Because of the thin tires and greater instability of bikes, riders are at a greater risk of an accident when there is a sudden change in road conditions. Some road conditions occur naturally while other conditions are the result of negligence.

Government Entities Have a Duty to Maintain Roads

City, county, and state government entities have a duty to design and maintain safe roads for everyone, including bike riders. Common reasons why bike riders file bike injury claims against Delaware include:

  • Defective design of roads, bike paths, or roadway shoulders
  • Improperly maintained roads and roadsides
  • Inadequate lighting
  • Missing, confusing, or broken road signs
  • Failure to repair potholes, cracks, or other damage to roads
  • Missing or damaged guard rails
  • Improperly functioning or missing crosswalk signals
  • Sewer grates
  • Loose gravel or slick substances

Proving Liability in a Bike Injury Claim

When a government entity fails in its duty of care, a bike rider can file a claim against the responsible party or parties. However, claims against Delaware and other government entities are handled differently from other types of personal injury claims. For instance, the time limits to file claims against the state may be different from the time limits to file lawsuits against private parties. If you fail to file a notice of claim before the time limit expires, you may lose your right to recover compensation from the negligent party.

It is crucial that you identify the correct party who is responsible for the dangerous condition that resulted in your injury. You cannot recover compensation unless you prove the party was negligent in causing the dangerous condition or allowing the dangerous condition to remain.

Once you prove the party caused or allowed the danger to remain, you must also prove that your crash was a result of the hazard and you suffered damages because of the crash. Then you can recover compensation for damages including:

  • Medical bills
  • Lost wages
  • Property damage
  • Scarring and disfigurement
  • Mental anguish and emotional stress
  • Physical pain
  • Future damages, including future lost wages, medical expenses, and a loss of income

If you need to file a claim against Delaware, take steps to protect your legal rights by calling us to discuss your claim.

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