Get a free consultation

Government Immunity for Bicycle Accidents on Bike Paths and Trails

Government Immunity for Bicycle Accidents on Bike Paths and Trails

Some bicycle accidents result from dangerous conditions along bike paths and trails. If bicyclists are injured as a result of these dangerous conditions, it may be a state or local government entity who is responsible for maintaining those paths and trails. The government may have a duty to reasonably monitor their property for hazards and take reasonable steps to both remedy the situation and warn others of the potential hazards. The question is, can you really sue the government for your injuries in a bicycle accident on a bike path or trail?

Although government units historically had immunity from lawsuits, the California Tort Claims Act (CTCA) of 1963 made changes to the common law immunity rule. Under the CTCA, no public entity is immune from liability except where a specific statute allows immunity. There are a number of different California statutes that could make government entities immune from personal injury lawsuits brought by injured bicyclists in certain situations. In these cases, the injury victims would have no recourse against the government entity, although they may still have recourse against non-governmental parties who contributed to the accident in some way.

For example, California’s recreational use statute, found at Cal. Civ. Code § 846, provides immunity for governmental entities that maintain recreation areas. The theory behind this statutory immunity is that if immunity were not extended to the government, the areas would be off limits for the public to use for recreational purposes due to the risk of liability. However, there are some exceptions to this general immunity statute, such as in the case of gross negligence.

Likewise, a public entity is not liable for injuries occurring as a result of a natural condition on unimproved public property pursuant to Cal. Gov. Code § 831.2. Therefore, if a bicyclist is riding on a dirt trail through the wooded area of a city park, the government may not be liable for injuries if a tree limb falls on the bicyclist or if a cyclist crashes and suffers injuries after hitting tree roots growing across the trail.

Nonetheless, there are cases in which a government entity might be liable for injuries that a bicyclist sustains in an accident. For example, if a public entity owns or controls a bike path, but there is a dangerous condition on the bike path that creates a reasonably foreseeable risk of injury, that public entity might be liable for any resulting injuries. However, this is a fairly high standard. The government must have had actual or constructive notice of the hazard so that it essentially created the risk by failing to either remedy or warn of the risk.

For instance, a bicyclist might encounter a ditch on a paved bike path caused by construction on the path, which can be very dangerous if the rider does not see the pothole in time to avoid it. There are situations in which a government entity might be liable for the injuries to the bicyclist, but there must be evidence that the government knew or should have known of the pothole in order for it to be liable.

When you have suffered injuries while riding a bicycle, you may greatly benefit from calling us today and getting the advice that you need. Bonnici Law Group has the experience and knowledge that is invaluable when making a claim for compensation following a bicycle accident. When you need answers, contact Bonnici Law Group today at 858-261-5454. As we focus our efforts on bike-related personal injury cases, we know how to protect your rights and build a strong claim for compensation in your case.

Go to Top