As is often the case with legal questions, it depends upon the circumstances. If the flaw was a result of negligence on the part of the party responsible for maintaining, building, or repairing the road, a claim is possible. For instance, if your accident resulted from a road with a drainage grate installed so that the bars of the grate are parallel to the flow of traffic and the tire of your bicycle fell between the bars of the grate, that seems like negligence.

For naturally occurring issues, though, such as potholes or cracks in the road caused by a freeze-thaw-freeze cycle, it would be necessary to show that a person responsible for maintenance or repair knew or should have known about the condition in time to correct the condition.

I am the founding partner of Brauns Law Accident Injury Lawyers, PC. I only represent plaintiffs in injury cases and only handle personal injury claims. This allows me to focus solely on personal injury litigation and devote myself to helping injured residents in Georgia recover fair compensation for their damages.