You are riding down a New York City street when your front tire drops into a deep pothole, and suddenly you are on the ground. It happens in a split second, but the pain and bills that follow can last much longer.
So, who is actually responsible when a bad road puts a cyclist in the hospital?
What is the prior written notice rule?
In New York City, suing the city for a bicycle accident is different because of the “prior written notice” law. Under the NYC Administrative Code, the city is generally not responsible for a pothole unless it got a written report about that exact defect at least 15 days before your accident, or unless the city directly caused the hazard through a bad repair.
This rule gives the city time to fix the problem. You can check for such a notice by looking at the Department of Transportation’s (DOT) Pothole Tracking System (PTS) or the Big Apple Pothole Map, which logs street defects across the city.
Who is responsible for road repairs?
Not all street repairs are the city’s job. Private contractors and utility companies like Con Edison often dig up roads for their own work. If they leave the road in bad shape, they can be held responsible for your injuries. Unlike the city, private contractors do not get the protection of the “prior written notice” rule.
Knowing who caused the pothole matters because it affects how and when you must file a claim.
What evidence do you need after a crash?
Act fast to get evidence. When safe, photograph the pothole and its location near a landmark or the nearest intersection. Gather contact information from any witnesses.
If the claim is against the city, a 90-day deadline to file a Notice of Claim kicks in, so recording the scene and all medical treatment right away is key to meeting the city’s right to a pre-suit examination.
When should you get legal help?
New York City’s liability laws can be hard to navigate for injured cyclists. Missing a key step, like the 90-day Notice of Claim, can get your case thrown out, no matter how strong it is.
If injuries are serious or road ownership is unclear, a lawyer who knows local road laws can help you identify the right defendant and meet every filing deadline while you focus on getting better.