Hazards


What are Hazards?

Anything that could cause harm to a cyclist is a hazard. Some hazards are part of the built environment, usually as a consequence of poor design, such as misplaced bollards, parallel drain grates, railway tracks parallel to bike lanes, and pavement edges with sudden drop-offs. Others are the result of poor maintenance such as rough pavement, cracks, potholes, roadway debris, and foliage overgrowth. Still others, such as crossing railroad tracks or riding on slick surfaces, must be classified as simply the facts of life for a cyclist.

Hazards vary in their severity. A parallel drain grate or deep pothole can cause a cyclist to crash, potentially resulting in a serious injury. On the other hand, a malfunctioning bicycle loop detector is more annoying than harmful, unless it would cause a cyclist to take an unnecessary risk crossing an intersection.

It's important to be aware of potential hazards before you encounter them and understand how to avoid them or at least mitigate them. All cyclists benefit from proper bicycle education when dealing with any hazard.

How to Report Hazards

Cities and counties are responsible for building and maintaining safe roadways. If you see a hazard, you should report it so that it can be fixed. In most cases, the local Public Works Department handles roadway hazards. Write a letter or send an email to the Director of Public Works describing the issue and asking that it be corrected in a timely manner. Attaching a digital picture of the issue to your email can help make the issue clear. Hazard reports on state routes -- for example, El Camino Real -- should be directed to the Caltrans District 4 Bicycle Coordinator.
SVBC will send letters on hazards if you follow the letter writing procedure.
SVBC also keeps an extensive list of phone numbers for contacting local governments about hazardous conditions in specific locations.

Most public works departments are very cooperative in fixing problems if they are aware of them. They should be able to correct temporary problems like debris within days. Problems with infrastructure take a little longer, but the person responsible should be able to give you an estimate.

Legal Considerations

If you don't receive a reply promising to correct the problem or the problem remains unfixed after what you think is a reasonable period time, you may need to take stronger measures.

California law Section 835 makes a public entity liable for injuries to cyclists due to a hazard if the entity was aware of the hazard and had enough time to fix it. If an agency is recalcitrant in fixing a hazard, your next step is to send a letter with specific legal language. A Notice of Dangerous Condition officially informs the agency that it has a hazard. This letter should be sent to the entity’s attorney as well as to the people ultimately responsible for correcting the hazard.

NOTICE OF DANGEROUS CONDITION
Under California Government Code Section 835.2, you are hereby placed on actual notice a dangerous condition of public property. The following condition on your property creates a substantial risk of injury when your property is used with due care in a manner in which it is reasonably foreseeable that it will be used:

A letter with a Notice of Dangerous Condition statement always gets the attention of the city or county because of its legal consequences, but it should be used only on the most egregious hazards and only after attempting to discuss the hazard with those who might fix it. It is a confrontational tactic. It basically says "Look, we tried to get you to
fix this the easy way, now we have to call you out." If you want to maintain a good relationship, you need to carefully consider when to send a Notice of Dangerous Condition.

Here is an example letter.

Reporting Hazards in Neighboring Counties

The East Bay Bicycle Coalition (EBBC) operates an excellent on-line hazard reporting system and database for Alameda and Contra Costa Counties.

The San Francisco Bicycle Coalition (SFBC) might be able to help you recover costs from the city if you are injured or your bike is damaged due to a hazard.