Who is Liable for a Bike Accident in Iowa Caused by Potholes?

Back to Articles

Posted by Ben Long

Have you been seriously injured after hitting a pothole on your bike in Iowa?

You may be looking at a long recovery from your injuries, with medical bills in the thousands of dollars. There may be time off work needed to recover, or used for doctors’ appointments. If you suffered a brain injury or other serious injury, you may not be able to return to the work you used to do – or may not be able to work at all.

Are you on the hook for these medical bills – or does someone owe you compensation for your harms and losses?

Who Will Pay My Bicycle Crash-Related Medical Bills?

If you were injured on a roadway due to a pothole or other road hazard, it’s likely the city, county, or state who is supposed to care for the roadways is responsible for your injuries. The government entity responsible for the roadway is required to keep their roadways safe and clear of any potential hazards. 

However, this doesn’t necessarily mean you have an open-and-shut case.

Proving that the city or state is liable for your injuries can be difficult. Potholes can form quickly – sometimes instantaneously – from quick changes in the weather, heavy traffic, or just regular wear-and-tear. If the pothole has only been there for a few days, it may be difficult to prove negligence. The reason for this is that the government is allowed a reasonable amount of time to fix pavement problems.

If the pothole has been there for months or even years, it may be easier to prove the government was negligent – but that proof can still be difficult to find. You will need to gather photographic evidence or testimony from reliable witnesses that the pothole has been there for an extended period.

Because this proof can be difficult to track down, we recommend speaking with an experienced Iowa bike accident lawyer if you have been seriously injured because of a pothole. It may be a good idea to hire an attorney so you can focus on healing from your injuries.

How to Make it Easier to Prove Your Bike Crash Claim

There are a few things you can do to make it easier to prove your case. First, you need to treat your accident-related injuries until you’re healed, or until your doctor says you’re as healed as you’re going to get. This means you need to attend your doctors’ appointments and follow any recommendations medical professionals give you.

Second, you should contact a lawyer as soon as you can after your accident. An accident attorney can do several things on your behalf:

  • Investigate the accident for you and find the evidence needed to bring a lawsuit
  • Subpoena and review government records to see if there were complaints about the pothole – further proving the government was negligent
  • Interview witnesses and take depositions to strengthen your case
  • File paperwork with the court 
  • Negotiate with the other side to reach a settlement, so you end up with fair compensation in your pocket

There is a limited amount of time you have to settle your claim or file a lawsuit. This is known as the statute of limitations. In Iowa, you have two years from the date of your accident. That’s why it’s important you speak with an experienced Iowa personal injury lawyer as soon as you can after your crash.

We offer a free, no-obligation case evaluation to Iowans who have been injured due to potholes. To schedule your free consultation, call RSH Legal today at 1-800-433-0283.

Looking for Iowa Legal Help?

Find out how to get treated fairly after an injury or disability in Iowa

For a free, no-obligation case evaluation, call us at (319) 409-6575
or fill out our Free Case Evaluation form to reach us online