Bicycle accidents aren’t always caused by reckless driving; hazardous road conditions also play a significant role. Negligence on the part of the government, including potholes, inaccurate signage, missing guardrails, poor infrastructure, and road debris, often leads to accidents, posing a particular risk to bicycle riders.
The question is, can you, as a cyclist in Nevada, sue any city’s government for damages? The answer is both yes and no, as holding the government accountable within the legal framework is possible but not easily achievable without being armed with a good lawyer and the right information:
Let’s delve into the details.
Personal Recovery Lawsuit
The safety of roads falls under the jurisdiction of the city’s government, and it is their primary responsibility to ensure that roads are consistently maintained. Regular maintenance checks should be conducted to prevent accidents resulting from road hazards.
If a bicyclist in Nevada experiences harm or damage due to poor road conditions, the government must be held fully accountable. In such cases, the individuals or entities entrusted with the task of road maintenance will be brought before the court to answer for their negligence.
Fortunately, regardless of the specific city within Nevada, bicyclists have the option to file a personal recovery lawsuit to seek compensation for the damages they have suffered. This legal recourse provides a means for bicyclists to hold the responsible parties accountable and recover their losses.
Conditions to be Met
Filing a personal recovery lawsuit doesn’t guarantee that you’d win the case. Certain conditions need to be met for a successful liability claim or to get compensated for your damage. Some of these conditions include:
- Cyclists or their lawyers need to prove, without a doubt, that the accident was caused by poor road conditions, and those conditions have been in place for a long time.
- Cyclists must show proof of ownership of property.
- According to the Nevada Tort Claims Act, cyclists must file a claim within two years of the injury and accident. This is a statute of limitations, and if this time passes, you will lose the chance to seek compensation.
What Accounts as Dangerous Road Conditions?
Accidents are always messy, complicated, and too quick to point out the exact reasons. A strong claim can be made when it can be proved that the cause of the injury and damage has been due to poor road conditions.
For those reasons, cyclists must be aware of what accounts for poor road conditions. Here are some of the most common road conditions that can cause accidents:
- Improper lighting reduces visibility. In fact, 48.2% of bicycle fatalities in the US are caused by dark conditions.
- No guardrails
- Weak guardrails
- Lack of road signs
- Lack of proper road signs
- Uneven lanes
- Poor lane markings
- Potholes, sinkholes
- Poor drainage
- Dangerous road infrastructure, such as zebra crossing at a blind spot, snaking roads, etc.
- Traffic signals are not working.
Our Lawyers Will Fight for Your Compensation and Rights
If you have suffered from any form of damage in Las Vegas or other cities in Nevada due to negligent road conditions, do not stay quiet. Act fast before the statute of limitations expires. If you need help taking legal action against the at-fault party, Contact our experienced bicycle accident lawyers today at the Bourassa Law Group for a free case evaluation.
1-800-870-8910