Bicycle and Motorcycle Crashes Caused by Potholes

When a bicyclist or motorcyclist is injured in a crash caused by a city pothole, who is responsible? Does the City owe bicyclists a duty not to increase the hazards of long-distance bicycle riding? These were the questions answered by the Court of Appeal in the case of Williams v. County of Sonoma last week.

In July 2016, Catherine Williams embarked on a 30 mile bike ride with her friend, preparing for another non-competitive long distance ride. Ms. Williams ran over a pothole that was four inches wide by four inches deep, causing her to be thrown from her bicycle and suffer serious injuries. She sued the County of Sonoma, arguing that the Government had failed to correct a dangerous condition of public property under the Government Code. A jury agreed with her, awarding her more than $1.3 million in damages at trial.

The County appealed, arguing that bicycle riding is an inherently dangerous activity, and falling off one’s bicycle is an inherent part of the sport. Sports activities are judged differently in the law, and injuries stemming from sports activities are analyzed under the “primary assumption of the risk” doctrine. As we discussed here, this means that unless a sport participant unreasonably increases the risks inherent in the sport, the injury case will likely be thrown out.

Here, the County argued that it did not owe a duty not to increase the dangers of bicycle riding to Ms. Williams because bicycle riding is a sports activity that is inherently dangerous. The Court disagreed, noting that the County owes a duty to maintain safe roads for all foreseeable uses, including uses that fall outside of the primary assumption of risk doctrine, such as driving, riding a motorcycle, and bicycling as a means of transportation. Since the County already owes a duty of reasonable care to all who use its roads, holding that the County also owed a duty to Ms. Williams (who was riding her bike) does not fundamentally alter the nature of bicycle riding as a recreational sports activity.

Los Angeles is full of potholes. Many of our roads are older and outdated. As we see from the Williams case, the government of the City of Los Angeles would likely owe a duty of reasonable care and a duty to not increase the hazards of bicycle riding to Los Angeles cyclists and motorcyclists.

If you or someone you know were injured in a Los Angeles bicycle crash or motorcycle accident caused by a Los Angeles pothole, talk to a Los Angeles lawyer familiar with the complicated issues related to these cases.

The Rabbi Lawyer is ready to assist, 24/6.