Liability Aspects of Bikeways (2010) / Chapter Skim
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Pages 4-6
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TORT CLAIMS AGAINST A PUBLIC ENTITY FOR BIKEWAY ACCIDENTS A Introduction Although federal and state laws support the use of bikeways, tort claims against public entities may arise as a result of accidents involving bikeways and possibly subject public entities to liability.
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Although a tort claims act may permit an action to be brought against a public entity for alleged negligence, tort claims acts typically include a provision that immunizes public entities for claims arising out of the exercise of their discretion, as well as include other defenses and limitations on the liability of public entities. In some instances, a state's recreational use statute may shield a public entity from liability for bicycle accidents on bikeways and trails except when the public entity willfully and maliciously failed to warn or guard against a known dangerous condition, or under some statutes except when the public entity was grossly negligent or its conduct was willful, wanton, or reckless.
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C Whether a Public Entity's Alleged Negligence Was the Proximate Cause of the Plaintiff's Claim A bicyclist may allege that an accident was caused by the condition of the pavement, by inadequate warning signs or signals, by shoulder conditions, or by a hazardous bridge.
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