Bicyclists and pot holes
Saturday, April 3rd, 2010MDOT recently issued this press release:
MDOT offers toll-free pothole hotline to Michigan motorists
March 31, 2010 — Freezing and thawing cycles lead to potholes in the spring. In addition to a toll-free pothole line, the Michigan Department of Transportation (MDOT) has posted a form on the MDOT Web site to encourage motorists to report potholes on state roads. Reports of potholes on state roads (M, I and U.S. roads only) will be routed to the nearest MDOT Transportation Service Center (TSC).
“The pothole hotline is an easy and efficient way for residents to help us identify potholes on state roads that need to be repaired,” said State Transportation Director Kirk T. Steudle. “We hope that residents will call the hotline or use the link on the MDOT Web site to report potholes that need attention.”
To report a pothole, call 888-296-4546, around-the-clock, seven days a week, or use the “Report Potholes” link on the MDOT Web site at?www.michigan.gov/mdot. Those reporting pothole locations are asked to provide the route name (M, U.S. or I designation), the county, the nearest community, and the closest cross street or interchange. Potholes on non-state roads should be reported to local road commissions since MDOT does not have jurisdiction over roads that are not part of the state system.
Information about how potholes are formed is available on the MDOT Web site at www.michigan.gov/mdot/0,1607,7-151-9615_30883—,00.html.
The title is misleading. Other road users, including cyclists can report potholes — not just motorists.
As you may know, MDOT has a reimbursement program if one of these potholes damages your vehicle. According to a 2004 VeloNews article, Michigan bicyclists should be able to make claims as well. The MDOT claim forms are not specific to motorists.
Still, getting reimbursed is not easy according to MDOT.
The state will consider an award only for the damages beyond what has been paid by your insurance company, and the state must have been aware of the pothole for 30 days without repairing it in order for a claim to be eligible for reimbursement.
Also note that parts of that VeloNews article are outdated due to more recent court decisions.
A 2006 court case determined that by law, counties and MDOT are only liable for vehicular travel lanes.
It also doesn’t include paved shoulders or bike lanes — bikes are not vehicles under Michigan law. On one hand, that’s good for convincing road agencies to build bike facilities (no added liability.) However, that also means cyclists are not afforded the same protections as motorists.
According to the state attorney general’s office, the liability extends beyond potholes to include:
- Rutting
- Manhole covers
- Dilapidated road surface
- Traveled (vehicle) lane edge drops
- Missing storm sewer grates
Either way, it’s imperative that cyclists keep a keen eye on the road conditions this time year until the patching crews can get some repairs made.