Roadway defects cause injury to cyclists. What you can do if you are seriously injured from a defect.

For the most part, Southern California roadways are relatively free of defects. While there may be an occasional pot hole, material on the ground and even some difficult to negotiate transitions across railroad track or intersections, most Orange County streets and bike lanes are properly maintained. Unfortunately, occasionally the cyclist will come upon a defect not anticipated.

Naturally, the experienced rider usually can see a defect and avoid it. However, occasionally that is not possible. Lighting, the quality of the defect, time of day and other riders can all hide or cloak your ability to see and anticipate a defect. Such defects as improperly placed hole covers, railroad transition plates causing wheels to get stuck in them, large uplifts in the asphalt roadway surface, and improperly maintained and/or widened bike lanes can be a source of claims when a cyclist is seriously injured.

Protecting a cyclist has become a priority in the state of California and therefore, failure of cities, counties, and other organizations to maintain safe bicycle travel has become more prominent in recent years, and has given rise to a number of lawsuits. These lawsuits are not just designed to compensate the individual, but to put these entities on notice that they take seriously their obligation to protect cyclist.

The community, state, and our country as a whole want people to utilize bicycles and cycling as an alternative transportation method to automobiles and yet it must make it safe for us. They must maintain proper designs, and conditions.

If you've been involved in a cycling accident and you suspect a roadway design or maintenance defect, contact our office immediately. Remember that a governmental entity has special statutes of limitations and claims have to be filed to protect your right to make any claim. We can investigate the defect for you and our consultation is free. Call us at 1-866-981-5596 for your free consultation and site examination.



James Ballidis is the managing attorney for Allen, Flatt, Ballidis & Leslie and has been practicing personal injury law for 25 years.