Bicycle Hazard Liabilities
The crux of a legal argument that a public entity is responsible for a bike accident is basic: a cyclist has a right to utilize a safe roadway.
Rail tracks, whether used or long bypassed, present ongoing hazards for bike riders.
The main danger exists when they run on the roadway in the direction of traffic or cross the roadway in a curve. What happens is the cyclist's wheel gets caught and as evidenced in many personal injury attorney Phoenix cases, is the rider is thrown into moving traffic or even a motor vehicle alongside the rider.
Whether a public entity is liable in such a personal injury attorney Phoenix case depends on numerous factors. For instance, as mentioned above the direction of the track as it relates to traffic is key. If tracks cross perpendicularly, there would exist no liability on the part of the public entity.
Other road fixtures such as sewer grates present a similar possibly serious road hazard. If sewer grate bars go in the same direction as traffic, this is problematic for the public entity.
When filing a claim against the city, county or state, there exists special fling requirements and time limits relating to claims against public entities.
|
