Liability Aspects of Bikeways

This digest addresses the liability of public entities for bicycle accidents on bikeways as well as on streets and highways. As the American Association of State Highway and Transportation Officials' "Guide for the Development of Bicycle Facilities" states, "[t]he majority of bicycling will take place on ordinary roads with no dedicated space for bikes." Further, the report reviews the federal laws that encourage the designation and use of bikeways; the elements of a claim in tort against a public entity for a bicycle accident, whether on a public street or some type of bikeway; defenses to bikeway accidents under tort claims acts and applicable to public entities; immunity for bicycle claims under some state recreational use statutes that in a majority of states are applicable to public entities; and public entities' laws and policies on the accommodation of bicycles on streets and highways and the designation of bikeways. Some discussion is based on responses to a survey of public entities, including public entities that designate bikeways. This report will be useful to attorneys, transportation officials, risk managers, planners, maintenance engineers, financial officers, policy makers, and all persons interested in the relative rights and responsibilities of motorists and bicyclists on shared roadways.