Cycling is a fantastic way to get around, get exercise, and enjoy the outdoors. Many cities are adding bike lanes to promote safer cycling. But what happens when those bike lanes are part of the problem? If you’re injured in a bicycle accident in Mississippi because of a poorly designed or maintained bike lane, you might be wondering who is responsible and if you can take legal action.
Understanding the Risks
Bike lanes are supposed to make cycling safer by providing a designated space for cyclists, separate from car traffic. However, a poorly designed bike lane can actually increase the risk of accidents. Some common problems include:
- Sudden Stops or Disappearing Lanes: Bike lanes that end abruptly or merge into traffic without warning can force cyclists into dangerous situations.
- Poor Visibility: Bike lanes placed too close to parked cars can lead to “dooring” accidents, where a cyclist is hit by an opening car door.
- Lack of Maintenance: Potholes, cracks, or debris in a bike lane can cause a cyclist to lose control.
- Confusing Design: Poorly marked or confusing intersections can lead to collisions between cyclists and vehicles.
- Insufficient space: Bike lanes that are too narrow do not provide enough safe space.
Who Is Responsible?
When a bike lane contributes to an accident, determining who is at fault is key. It’s not always another driver. In Mississippi, the responsibility for designing, building, and maintaining safe roads, including bike lanes, often falls on government entities. This could be the Mississippi Department of Transportation (MDOT) or a local city or county government.
These entities have a duty to keep roads reasonably safe for all users, including cyclists. If a poorly designed or maintained bike lane creates a hazardous condition, and that hazard directly causes your accident and injuries, the responsible government entity could be held liable.
Proving Negligence
To successfully sue for damages, you’ll need to demonstrate that the government entity was negligent. This involves proving several key elements:
- Duty of Care: The government had a legal duty to maintain safe roadways, including bike lanes.
- Breach of Duty: The government failed in this duty, either through poor design or inadequate maintenance.
- Causation: This failure directly caused your accident and injuries. For instance, if the poor design of the lane forced a collision.
- Damages: You suffered actual damages, such as lost wages, pain and suffering, medical bills, and property damage (damage to your bicycle).
Challenges and Considerations
Suing a government entity can be more complex than suing an individual. There are specific procedures and deadlines to follow. Mississippi, like many states, has laws that provide some protection to government entities, known as “sovereign immunity.” However, there are exceptions that allow individuals to pursue claims for negligence.
It’s also crucial to gather strong evidence. This might include:
- Photos and videos of the accident scene and the bike lane defect.
- Police reports.
- Witness statements from anyone who saw the accident.
- Medical records documenting your injuries.
- Maintenance records (if obtainable) showing the history of the bike lane.
What Compensation Can You Recover?
If your claim is successful, you may be entitled to compensation. Compensation may cover medical expenses, lost wages, property damage, and pain and suffering.
Take Action
If you believe your bicycle accident was caused by a poorly designed or maintained bike lane in Mississippi, it’s essential to seek legal advice promptly. The statute of limitations for claims against government entities in Mississippi is one year from the accident date.
Monge & Associates has 32 offices in 19 states, including Mississippi, Ohio, and South Carolina. If you’ve been injured in an accident, call us now for a free consultation at (888) 477-0597. We can help you understand your rights and fight for the compensation you deserve.