Can I prosecute ?

[ronyex]

A few days ago I was doing my beautiful 50miles training ride
just before I got home it was dark already,apparently there had been
some roadworks there and they left 2 huge potholes open during the night and fixed it
only the day after.and so I ran into those potholes at 18-20mph.luckily I didnt fall
off the bike but both wheels are badly twisted and unfixable.

I was so pissed at that time I thought I could kill that contractor but now
Im ready to settle on a new pair of wheels and an apology.
mind you there was no warning flashing signs on site
but I also didnt have a front light either.

[slvoid]

Lack of front light probably puts the case against you...

[Patrick A]

Was it on a public road? Most cities have a policy that if you loose a wheel on a car due to a pothole they will usually reimburse you (if the pothole is THAT big and bad). Try calling your city or town and talking to them about it.

[brokenrobot]

I know in NYC you can get reimbursement / sue the city in small-claims court if: 1. City workers created the situation, or 2. The pothole has previously been reported via the city's complaint line.

Good luck!

-chris

[Ebbtide]

I know in NYC you can get reimbursement / sue the city in small-claims court if: 1. City workers created the situation, or 2. The pothole has previously been reported via the city's complaint line.

Good luck!

-chris

Same applies in my fair city, Cleveland.

[OregonBound]

I'm afraid if I was the judge, I'd hold you 90% responsible. Riding in the dark at 18-20MPH? Not a good move.

[N_C]

Private contractors that cities hire & cities that have thier own crews that do road repair are supposed to have insurance to cover damages to a persons vehicle. The cost of a pair of bicycle wheels is pocket change to these insurance companies. They will probably replace them for you with no grief from them. But they will only replace what you previously had & will probably require at least 2 cost estimates from differant bike shops.

While you should have had a light, if the same thing happened to a car that has working head lights the car owner would have his or her wheel fixed or any damage repaired to their vehicle, which is much more expensive then replacing 2 bicycle wheels. So it is doubtful that you will be given any grief over the matter. But I would recommend you do not volunteer the fact that you did not have a light unless you are asked about it.

Find out who the repair crew works for, call the city if it is a city crew, or call the contractor if it is a private company. Tell them what happened & why, they will probably put you in touch with who ever handles the insurance part of it, then go from there. You may even want to get the 2 estimates before you make the call to help expediate things.

Good luck.

[slvoid]

I think another issue would be where this hole would be. If it's completely easily avoidable even at 30 and you ran into it going 18-20 w/o lights, then it's more the problem that you were going 18-20 w/o lights.

In any case, I'd really invest in a good pair of lights, just for safety's sake. Like a helmet, it doesn't get in the way that much when you don't need it but you'll be a lot better off with it when you do need it.

At the risk of sounding stupid, pursue the case but try to avoid the "not having any lights" issue.

[Ohio Trekker]

Working for a General Contractor/Real Estate Development Firm, I can tell you that our crews are responsible for covering any holes in the streets when the crew leaves for the day. Even if there is a hole on private property with a fence around it, our crews are instructed to cover the hole, and install caution tape around the cover. Accident prevention, and public safety, are requirements in most Cities, and are required by most cities of their sub and private contractors. It is possible the crew perceived the holes as being no problem for cards, forgetting that cars would not be the only vehicles travelling over them.

"Our responsibility is to prevent accidents to anyone or anyone's property, even if they are trespassing behind a fence on private property. No matter how negligent their actions may be."

The liability issues are well known by any contractor with a license, and is most likely required by anyone who did a street opening since I will assume you were riding in the street. The fact that you were riding without lights does not negate their responsibility to prevent someone riding a bike without lights from damaging their property. You would not believe the kind of claims people make, nor would you believe the kind of claims insurance companies settle as a nuisance claim, such as yours.

To me this would be considered a nuisance claim, and most likely be paid by the company as opposed to insurance carrier. My only suggestion to you is that you don't try to make money, or replace your wheels with better wheels than what you had.

To echo what others have said, most cities will pay car repair bills if you hit a pothole, but only <caveat> if you can prove they had knowledge of the pothole (someone reported it), and if they failed to repair it <end caveat>.

[sscyco]

Would it have happened if you had a light? - if not, don't waste anyone's time or money. We all have responsibilities.

[slotibartfast]

Definitely call the city and make a claim. My son drove into an unmarked ditch that was dug across the end of our street in his Ford Probe a couple of years ago. The ditch was only about 8 inches deep and 2 feet wide. There were no cones, tape, or any warnings of any kind and it was light, about 8am. He was only going about 15 mph, but the impact sprung the frame, dented the left front fender, and shifted the whole engine under the hood. I called the city and they sent out a claims adjuster who totaled the car and gave me a quote from the city to buy the car on the spot, which was slightly above blue book value. I accepted, signed his form, and picked up the check at City Hall a week later. You have nothing to lose and everything to gain. If the pothole was that big, it should have been flagged with some kind of warning.

[JoeTown244GL]

Just mention that the holes were not marked in compliance with the Uniform Manual of Traffic Control Devices and that the failure to do so extends 100% of the liability to the contractor or municipality that the crew worked for. (According to your narative they were not marked correctly) That should get your opponents lawyer's attention. The UMTCD is the bible for street repair markings and is the standard in almost all of the states I know of. Good Luck. BTW - Spend your settlement money on a light. :)

[ronyex]

Thanks alot for all the input folks.
I am going to try to get some compensation here.
I really needed that info.

[midwestmntnbkr]

Thanks alot for all the input folks.
I am going to try to get some compensation here.
I really needed that info.

Let us know what the outcome is. I am curious what happens.

Good Luck