A bike accident can result from a lack of protection. On a bike, you don’t have the luxury of a steel frame, airbags, or seatbelts to shield you. A pothole that a car barely feels can cause a cyclist to violently lose control, crash into the pavement, and suffer life-changing injuries, from head trauma and spinal injuries to broken bones and deep lacerations.
You may be entitled to compensation if the road is unsafe and you suffer as a result. However, depending on specific circumstances, who to file the claim against can be challenging.
Read on to understand liability in a pothole-related bike accident and how to protect your rights in such instances.
What Are Potholes?
A pothole is a break in the road surface that forms when water sneaks into tiny cracks, freezes, expands, and weakens the pavement. Over time, with the relentless pressure of traffic and weather, the road collapses, leaving behind a hole that grows bigger and more dangerous if left unrepaired.
Why Are Potholes Dangerous for Cyclists?
A pothole in the road might seem like a minor inconvenience to drivers. But for a cyclist, that same pothole can be devastating. Unlike drivers, cyclists have no protective metal frame surrounding them. There’s no cushion of airbags, no seatbelt to keep them secure.
When a bicycle wheel hits a pothole, the cyclist can lose balance, crash onto unforgiving pavement, or even get thrown into the path of moving traffic. Here’s why potholes pose risks to cyclists:
- Loss of Control: Bicycles rely heavily on balance and precision. A sudden dip from a pothole can cause a cyclist to swerve uncontrollably, flip over the handlebars, or be thrown into the street.
- Serious Injury Risk: When a cyclist falls because of a pothole, the body takes full force in the crash. Common injuries from pothole accidents include traumatic brain injuries (TBI), spinal cord injuries, fractured wrists, arms, and collarbones, and internal injuries. Without a protective shell, even a low-speed fall can lead to devastating injuries that may require surgery, rehabilitation, or even result in permanent disability.
- Secondary Dangers: A cyclist who falls may slide into traffic, get struck by a car, or be unable to move out of the roadway after a serious injury. The initial crash can quickly escalate into a multi-vehicle accident with even more severe outcomes.
Potholes are hazardous because they’re often hard to see, especially:
- In poor lighting or rainy conditions
- When hidden by puddles or leaves
- On fast descents, where the rider has little reaction time
A cyclist may only spot a pothole at the last second, when it’s already too late to swerve or brake safely.
What to Do After a Pothole Bike Accident
- Prioritize Your Safety and Health. Move to a safe area if you’re in traffic, but don’t push yourself if you’re seriously injured. Call 911 or ask someone nearby for help. Accept medical attention at the scene, and follow up with a doctor even if your injuries seem minor, as some injuries take hours or days to show symptoms.
- Document the Scene: Take clear photos of the pothole (from various angles), your bike and gear, your injuries, and the surrounding area. You may also make notes about the time and exact location, road and weather conditions, and any witnesses or nearby businesses with cameras.
- Report the Hazard: If the pothole is on public property, report it to the local government or transportation department. On the other hand, if it’s on private property, note who owns or manages the property.
- Consult a Bike Accident Attorney: Pothole accident claims, especially on public roads, can be legally complex. An experienced bike accident attorney can investigate, gather expert opinions, and ensure you don’t miss critical deadlines.
Can I Get Compensated for a Pothole-Related Bicycle Accident?
Injured cyclists in California can file a claim for compensation for a bike accident caused by potholes.
If a pothole or dangerous road defect caused your bike crash, you may be able to seek compensation from the party responsible for maintaining the property, whether that’s a private owner, a business, or a government entity.
However, who you can sue and how you need to prove your case depends heavily on where the pothole was located.
Location of the Pothole
Private Property (Individual or Business)
If the pothole was on private property, such as a parking lot, shopping center, or apartment complex, you may have a premises liability claim.
To successfully seek compensation, you’ll need to show:
- The pothole was large enough to be considered hazardous.
- The property owner knew or should have known about the pothole through reasonable inspections.
- It was foreseeable that bicyclists would encounter the hazard.
- The property owner had control over the area and the ability to fix the pothole.
- The pothole directly caused your accident and injuries.
In short, property owners have a legal duty to maintain their premises in a reasonably safe condition. When they fail, and you suffer, they can be held accountable. Remember that when filing against another party, you have two years from the date of the accident to do so.
Government Property (Public Streets, Sidewalks, or Trails)
If your accident happened on a public roadway, such as a city street or park trail, the rules are different, and the timeline is much stricter.
In this case, you would need to file a claim for the dangerous condition of public property against the city, county, or government agency responsible. To win a government claim, you must prove:
- The government agency owned or controlled the land where the pothole was located.
- The agency knew or should have known about the pothole.
- A bicycle accident was a foreseeable consequence of leaving the pothole unrepaired.
- The agency had enough time to fix the pothole but failed to do so.
- The pothole was the direct cause of your injuries.
Keep in mind that if you plan to file a claim against a government agency, you must do so within 6 months. If your pothole accident claim is denied, you then have to file a lawsuit. Because the deadlines are shorter and the process is more complicated, time is critical when you are dealing with a government entity.
How Much Compensation Can I Get After a Pothole Bike Accident?
If you’ve been injured in a bicycle accident caused by a pothole, you have the right to seek compensation, not just for your financial losses, but for the full impact the accident has had on your life.
What Does Compensation Cover?
The amount you may receive depends on how badly you were hurt and how the accident has disrupted your life. Someone who walks away with bruises and minor scrapes will likely receive less than a cyclist who suffers a head injury, spinal trauma, or long-term disability.
Here are the types of damages you may be entitled to:
Economic Damages: These are measurable financial losses backed by documents, including:
- Emergency room visits, surgeries, physical therapy, and medications
- Costs for future medical care and rehabilitation
- Bicycle repair or replacement
- Lost wages from missed work
- Reduced future earning potential if your injuries limit your ability to work
Non-Economic Damages: These are the personal, emotional, and psychological costs of an accident, including:
- Physical pain and suffering
- Emotional trauma, including anxiety or PTSD
- Fear of riding again
- Loss of independence or joy in everyday activities
- Strained relationships or loss of companionship
Punitive Damages: In rare cases where the party responsible for maintaining the road acted with extreme negligence or recklessness, the court may award punitive damages, a financial punishment intended to deter similar negligence in the future.
How do you put a price on fear? On weeks of sleepless nights or the frustration of not being able to do the things you once loved?
You don’t have to figure it out alone. Bike accident attorneys understand how deeply these injuries affect your life, not just physically, but emotionally and financially. They can calculate the total losses you suffered and fight back against insurance companies that are lowballing you.
Why Do I Need an Experienced Bike Accident Attorney?
Going up against a private property owner is hard enough. Going up against the government is even harder.
Whether you’re suing a negligent business, a careless landlord, or a government agency, you must expect fierce resistance. They have teams of lawyers ready to deny, delay, and devalue your pothole accident claim.
So, when you are against them without legal representation, you risk claiming maximum compensation, or worse, losing your case.
They can insist that you are partially at fault, your injuries aren’t as severe as you claim, or say you lack sufficient evidence to prove their client is at fault, leaving you with no choice but to settle with a lowball offer or nothing at all.
During this challenging time, you need a lawyer who knows:
- How to properly investigate pothole accidents
- How to gather evidence before it disappears
- How to meet strict government deadlines
- How to maximize the compensation you are legally entitled to
At The Law Offices of Larry H. Parker, we have decades of experience handling bicycle accident cases. We know how devastating these injuries can be, and we fight tirelessly to get our clients the justice and financial support they need to heal, rebuild, and move forward.
Starting with a free, no-obligation consultation, we will walk you through your options, investigate your accident thoroughly, and aggressively pursue the compensation you deserve.
Call us today at 562-620-5912 or contact us online to schedule your free consultation.
If you’re searching for a car accident attorney nearby, connect with us now for a free consultation; we’ll walk you through every step.
What Our Clients Say About Us
No other personal injury lawyer will fight for you as passionately as we will, even though many may take on your case and prepare a legal defense. As proved by our previous clients, our lawyers for bike accidents are extraordinarily well-equipped to put up a claim without making any mistakes:
“I am very happy with the work Ron Beck has put into my case, and for him educating me on minor compromises. If I ever get into an accident again, I will make sure to give them a call.” – Tabatha H.
Frequently Asked Questions About Personal Injury Claims
Need to learn more about accident claims? We want to help you! Here are common questions injured victims ask, which may clarify various aspects of your case.
- California Personal Injury Settlements: Taxable or Not?
- 4 Reasons Why Your Personal Injury Case Is Going To Trial
- Personal Injury 101: Learn How the Burden of Proof Works in California Personal Injury Cases
- Why Won’t a California Personal Injury Attorney Take My Case?
References
The Dangers of Potholes: A Growing Threat to Public Safety. (2024, August 12). Vialytics. Retrieved April 29, 2025, from https://www.vialytics.com/blog/dangersofpotholes
Deadlines to sue someone. (n.d.). California Courts | Self Help. Retrieved April 29, 2025, from https://selfhelp.courts.ca.gov/civil-lawsuit/statute-limitations
