Bicycle accidents caused by defective bike lanes are a serious issue in Spring, Texas. The safety of cyclists is often risked due to poorly maintained roads. More and more people are opting for bikes for their transportation as well as recreation and exercise. Therefore, the need for safe biking paths has become all the more important among the Texas population.
When roads are not properly maintained, and there are hazards like potholes, the risks of an accident increase. If a bike accident occurs due to a faulty lane, it is important for victims to understand how to seek justice. Dealing with personal injury cases involving government entities and insurance companies can be complex and out of one’s expertise.
This is where retaining the services of a spring personal injury lawyer can significantly help. A skilled bicycle accident lawyer can carefully look into your case, identify who is responsible, and help you get compensation. If you or a loved one have been injured in a bike accident caused by a defective lane in Spring, do not hesitate to get legal help.
Potentially liable parties in an accident caused by defective bicycle lanes
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Negligence by government entities or contractors.
In an accident caused by a defective bicycle lane, the first suspect is usually a government entity or contractor who was responsible for maintaining that lane. This includes regularly inspecting the lanes and making repairs to ensure they are free from hazards like potholes, cracks, and debris.
Negligence can also occur when the government does not respond to reported hazards or does not inspect lanes as often as it should. For example, if a cyclist gets hurt after hitting a large pothole that had been reported but not repaired, the local government could be liable for the injury.
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Private property owners.
If your accident took place on private property, such as parking lots or commercial areas with bike lanes, the owner could be held liable for your injuries. Property owners are required to keep their premises safe. If they fail to do so, they pay for any damages that occur on their property. For instance, a bike lane on private property is not properly maintained, and a cyclist gets injured.
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Contractors or civil engineers.
Bicycle lane accidents can be caused by another prevailing factor: design or construction flaws. If hazards like narrow lanes, poor visibility, or improper signage are due to design or construction defects, contractors to civil engineers may be held liable.
Contractors are required to build safe and properly designed infrastructure. Failing to meet the industry standards when constructing bicycle lanes can lead to accidents and, thus, lawsuits.
How to file a claim against a government entity
Before you learn about how to file a claim against the government, it is important to understand sovereign immunity. Sovereign immunity protects the government from being sued without their permission. However, this protection is not absolute. In Texas, the Texas Tort Claims Act provides exceptions where the government can be sued.
Sovereign immunity does not work when a party gets injured due to negligence on the government’s part. In the case of a bicycle accident caused by poorly maintained bicycle lanes, if the cyclist gets injured because of a defect the government knew about but did not fix, they may have legal grounds to sue the government.
The procedure to file a claim is pretty straightforward. You have to gather evidence supporting your claim, including photos, videos, witness testimony, etc., and submit a notice of claim to the appropriate government entity. Make sure to do this within the proper timeframe, which is 180 days from the date of the accident.
Injured in a bicycle accident?
Being injured due to the government’s fault can leave you confused. An attorney can help you write a notice of claim and gather strong evidence. Consult with one today!
