What if a bicyclist collides with a motor vehicle while trying to avoid a pothole?
If a bicyclist collides with a motor vehicle while trying to avoid a pothole in Arizona, there are certain legal principles that may come into play. Generally speaking, Arizona motorists owe a duty of care to bicyclists to drive safely and to use reasonable care when on the roads. When a motor vehicle fails to fulfill this duty, and a bicyclist is injured as a result, the motorist may be liable for damages to the cyclist. Additionally, the bicyclist may also have a claim for negligence against the municipality if the pothole was a factor in the accident. If the pothole was known to the city, or if it was of such size and stature that the city should have reasonably known about it, the bicyclist may be able to establish that the city was negligent in maintaining the roadway. If a bicyclist can prove that the pothole was a proximate cause of the accident, they may be able to recover damages from the city. In a case like this, it is important to speak to an experienced Arizona bike accident attorney in order to understand the legal principles and develop a strategy for recovering damages. An attorney can help the cyclist understand their rights and whether or not they are eligible for compensation for their injuries.
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