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Road Disrepair, Pothole & Other Hazard Injury Claims

Writer's picture: Dave ShellnuttDave Shellnutt
2 hours ago3 min read

We represent a significant number of cyclists who have hit potholes or other road disrepair, crashed as a result and suffered serious injury. It's critical that you know your rights if this happens to you.


We're seeing massive amounts of snow, rain, ice, freezing and thawing across Ontario. That is going to wreak havoc on our roads, sidewalks and pathways. Potholes and other hazards are literally appearing overnight. These hazards may not only damage motor vehicles, but in our experience, they can also cause cyclists to crash and injure themselves.


Municipalities in Ontario often do their best to perform seasonal sweeps to patch up and repair potholes and other hazards. However, they do this too often with a car tire in mind and not from the perspective of a travelling cyclist.


Our guide if you encounter and/or are injured by a pothole or road hazard:


Pre-emptive Action: Take photos and Report

If you encounter a pothole or other road hazard report it so that another road user does not get injured. In Toronto this means sending an email/call or app report to 311. For other municipalities in Ontario, see below.


To help hard working municipal staff, we encourage cyclists who safely navigate around a wild pothole to pay it forward and contact municipal authorities, asking them to fix the issue. In our experience, you’re likely saving someone else from injury.


In the event you are injured by a pothole/road hazard, take the following steps immediately:


  1. Seek medical attention:

    Be sure to call an ambulance, go to the ER or check in with your family doctor or local walk in clinic right away.


  2. Take pictures and measure the pothole/road hazard:

    Using rulers, tape measures, etc. get the exact height, width, and depth:


As soon as you can after the crash head back to the scene or send a friend or loved one. Get pictures and take measurements of the hazard that caused you to fall. Bring a ruler and tape measurement to catch all the angles and measurements.


The Municipal Act prescribes the size and age a pothole must be before the city can be held liable for the damage it causes to a motor vehicle (or bicycle/cyclist). This explains why many claims made for damage caused by potholes are unsuccessful.


  1. Contact a lawyer right away: info@thebikinglawyer.ca


A lawyer may need to send down an engineer or private investigator to gather time sensitive information and evidence. The Biking Lawyer LLP has successfully resolved dozens of road disrepair cases for injured cyclists. We understand the unique vulnerabilities of people on bikes and take an aggressive posture where appropriate.


  1. Put the municipality on notice within 10 days of the crash:

All of these steps are critical, but if you fail to put the municipality on notice within 10 days you may lose your right to claim for damages sustained as a result of hitting the pothole/hazard. Section 44(10) of the Municipal Act provides for the 10 day notice period.


To put the city on notice you must either by email, fax or mail put the clerk of the municipality on notice. There is no standard format for a notice letter, but it should include:

  • your identity;

  • the date, time and location of the incident;

  • how the incident occurred; and,

  • your injuries.


While our experience demonstrates that an email with the above info does work, the Municipal Act is clear that a notice letter must be served personally by going in to City Hall to see the clerk or sent by registered mail.


Even if you are unsure if you have a claim, provide the municipality with notice as soon as possible.


This will preserve your rights in the event your injury turns out to be serious or permanent, and begins to affect your ability to work or perform your activities of daily living.


Ride safe friends, report hazards and contact The Biking Lawyer LLP.


To find your municipalities appropriate contact google City or Town clerk and get their contact information.


Helpful reporting info for municipalities across Ontario:



 
 
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