[Direct answer]The key to whether a cyclist can be compensated for injuries from road potholes lies in whether the road management personnel have fulfilled their obligations of cleaning, protection, and warning. According to Article 1165 of the Civil Code of the People's Republic of China, those who cause damage to others due to their own faults shall bear tort liability; according to Article 1256, if the public road managers cannot prove that they have fulfilled their obligations of cleaning, protection, and warning, they shall bear corresponding responsibilities. The scope of compensation shall be determined in accordance with Article 1179, including medical expenses, loss of income, and nursing care expenses. If the injured person himself/herself has not fulfilled his/her obligation of attention, the compensation may be reduced proportionally. It is recommended to report the case to the police immediately, take photos to fix the evidence, and seek medical treatment to leave a record. Please pay attention to the three-year statute of limitations. For related questions, please consultLegal services for personal injury and medical disputes\nTeam, or visitBeijing Henglue Law FirmI understand.

I. Problem Background and Typical Scenarios

Potholes on urban roads and rural highways are often caused by factors such as road damage that is not repaired in time, inadequate backfilling during construction, poor restoration of underground pipe networks after excavation, and missing or damaged manhole covers. When riding electric bicycles or bicycles, riders may be jolted, lose control, and fall, resulting in minor skin injuries or serious fractures and head injuries, often accompanied by vehicle damage. Typical scenarios include: being hit by unmarked excavation trenches during morning and evening peak commutes; falling into deep potholes at night due to insufficient lighting; being thrown off balance by water-logged potholes during rainy days; and shared bicycle users being injured due to road damage. After falling, victims often face three practical challenges: not knowing who is responsible for the pothole section, evidence disappearing within a few days, and parties involved in the accident shifting blame, leading to prolonged delays in compensation negotiations.

II. Key points of contention

  • How to determine the responsible parties? The causes of potholes may include poor maintenance of roads, failure to restore roads after construction, or excavation left by third parties. The corresponding responsible parties are the road managers, construction units, or perpetrators. When the responsibilities for management and maintenance are unclear or there is overlapping management by multiple parties, the responsible parties tend to shift blame to each other. Therefore, it is necessary to first determine the responsibilities before discussing compensation.
  • Proving the fault and causality: The injured person needs to prove that the pothole objectively exists, that its location is consistent with the location of the injury, and that there is a causal relationship between the injury and the existence of the pothole. They also need to prove that the manager failed to set up warnings or repair the pothole in a timely manner. However, the surveillance footage is stored for a short time, and the road surface is repaired quickly, which often leads to the failure to fix the evidence in time and makes it difficult to provide evidence.
  • Offset of Liability and Scope of Compensation: If the victim's own factors, such as driving too fast or failing to pay attention to road conditions, result in a reduction of the compensation ratio according to Article 1173 of the Civil Code of the People's Republic of China; how to calculate items such as medical expenses, loss of income, and disability compensation, and whether they can be combined with work-related injury insurance benefits, directly affect the final amount of compensation received.

III. Professional analysis by Henglue Lawyers

Henglue Lawyers have found that in handling cases involving injuries caused by roads and public facilities, the key to adjudication usually lies in two pieces of evidence: one is evidence of the attribution of road management and maintenance responsibilities, and the other is records of the performance of the manager's duties of inspection, warning, and repair. Courts generally require managers to explain whether warning signs have been set up for pothole sections and whether repairs have been carried out in a timely manner. If they cannot provide inspection logs, repair records, or on-site warning photos, they are often deemed to have failed to fulfill their management obligations and ordered to bear corresponding compensation responsibilities. At the same time, the court will divide the proportion of liability based on factors such as the victim's riding speed, observation of the situation, and whether they are wearing helmets. In practice, it is quite common for managers to be held primarily or equally liable for the accident.

In addition, there is a connection between the determination of responsibility and work-related injuries and insurance compensation: if an employee is injured in a traffic accident that is not his/her main responsibility on the way to and from work, he/she shall be identified as a work-related injury in accordance with Article 14 (6) of the "Regulations on Work-related Injury Insurance". The compensation for traffic accidents and the benefits of work-related injury insurance can be coordinated to deal with actual expenses such as medical fees in accordance with the law. For more information about the relevant procedures, please refer to the official website of the Ministry of Human Resources and Social Security of the People's Republic of China. 另外，责任认定与工伤、保险赔偿存在衔接空间：职工在上下班途中受到非本人主要责任的交通事故伤害的，依《工伤保险条例》第十四条第（六）项应当认定为工伤，交通事故赔偿与工伤保险待遇可依法就医疗费等实际支出项协调处理，相关程序可进一步了解。Labor arbitration and legal services for work-related injury compensationAfter the compensation amount is determined by the court, if the other party refuses to fulfill it, you can apply for forced execution. For the specific process, please refer to the relevant provisions.Legal services for creditor-debtor relations and enforcement cases.

IV. Practical suggestions and legal basis

At the legal basis level: Article 116 of the Civil Code of the People's Republic of China (effective January 1, 2021) establishes fault-based tort liability; Article 1256 stipulates that if the manager of a public road fails to prove that he has fulfilled his obligations of cleaning, protection, and warning, he shall bear corresponding liability; Article 1198 stipulates that if the manager of a business premises or public place fails to fulfill his obligation of ensuring safety and causes damage to others, he shall bear tort liability; Article 1179 stipulates the scope of compensation for personal injury, including medical expenses, nursing care expenses, transportation expenses, nutrition expenses, hospitalization subsistence allowances, and loss of income. If the victim is disabled, it also includes the cost of assistive devices and disability compensation; Article 1173 stipulates the principle of contributory negligence; and Article 188 stipulates a three-year statute of limitations.

At the practical operation level: First, immediately call the police and obtain the records of the police response and on-site investigation to fix the time and location of the accident; Second, take photos and videos of the scene, recording the location and size of the potholes, whether there are warning fences, and their own injuries and the condition of the vehicle; Third, seek medical treatment promptly and keep the medical records, diagnosis certificates, and all expense receipts intact; Fourth, inquire about the management and maintenance units of the pothole sections through the municipal hotline, 12345, or local management departments, and apply for government information disclosure if necessary; Fifth, after the treatment is stabilized, first negotiate compensation with the responsible party. If no agreement is reached, promptly file a lawsuit. After the treatment ends and the injury condition stabilizes, conduct a disability assessment to clarify claims such as disability compensation.

5. Henglue Law Firm's Advice

The success or failure of cases involving injuries from road potholes largely depends on the prompt collection of evidence after the accident: if the three pieces of evidence—the accident investigation report, the police report, and the medical records—are all available, it will strengthen the negotiating position in liability discussions. We also remind cyclists to pay attention to speed control and road condition observation on a daily basis, and to wear helmets not only for safety but also to facilitate the clarification of responsibilities. If a dispute has already arisen, it is recommended to sort out the evidence list as soon as possible and consult a professional lawyer to assess the responsible parties and compensation plans. It is also important to grasp the three-year statute of limitations to avoid the loss of evidence at the scene, difficulties in identifying the responsible parties, and unsuccessful compensation claims due to delays.

Q1: What should you do first after getting injured while cycling?

First, call the police and seek medical treatment. Reporting the accident to the police can create an official record, documenting the time, location, and scene conditions, which will provide a basis for subsequent investigations into management responsibilities. Seeking medical treatment is not only necessary for treatment, but also helps to establish a chain of evidence for injuries. Before and after calling the police and seeking medical treatment, you should quickly take photos of the pothole's location, size, whether there are warning fences, the surrounding road environment, as well as your own injuries and the damage to the vehicle from multiple angles, and record the time of the photos. At the same time, pay attention to the location of nearby surveillance cameras and shops, which can be used to request footage later. Never allow the scene to be repaired or cleaned up without any records, as this is the most commonly overlooked window for providing evidence in such cases.

Q2: If I can't find out which department is responsible for the pothole-ridden road section, can I still file a lawsuit against them?

Yes. The entities responsible for road management may include municipalities, highways, streets, development zones, construction companies, and others. If it's difficult for individuals to identify all possible responsible parties at once, they can list all entities that may bear management or construction responsibilities as co-defendants in the lawsuit. The court will then determine the responsibility allocation by reviewing materials related to maintenance transfer, repair records, and construction contracts. Before filing the lawsuit, individuals can also call the 12345 hotline, consult with local housing and urban-rural development departments, or apply for government information disclosure to obtain information on the maintenance responsible entities. Identifying the wrong responsible parties does not necessarily lead to a loss of the lawsuit. The court will handle subject changes and additions in accordance with the law, but identifying the correct responsible parties as early as possible can significantly shorten the processing period.

Q3: I also had an accident while riding my bike, can I still ask for compensation?

This can be claimed, but the amount of compensation will be adjusted accordingly. According to Article 1173 of the Civil Code of the People's Republic of China, if the infringed party is at fault for the occurrence or expansion of the same damage, the infringer's liability may be reduced. In practice, the court will determine the proportion of liability based on factors such as the speed of the vehicle, whether the driver paid attention to observation, and whether protective gear was worn. If the potholes persisted for a long time without any warning, the manager is usually still required to bear a considerable proportion of the compensation; if the injured party's own fault is obvious, the compensation will be reduced proportionally. Having one's own fault does not mean losing the right to claim compensation. The key is to gather solid evidence that the manager failed to fulfill his obligations of cleaning, protection, and warning.

Q4: What compensation items can be claimed? How are they generally calculated?

According to Article 1179 of the Civil Code of the People's Republic of China, the victim may claim reasonable expenses for treatment and rehabilitation, including medical fees, nursing fees, transportation fees, nutrition fees, and hospitalization subsistence allowances, as well as income lost due to work interruption. If the victim suffers from a disability, they may also claim assistive device fees and disability compensation, and the amount of compensation for mental distress shall be determined based on the degree of disability and the circumstances of fault. Medical fees shall be calculated based on the actual receipts; work interruption fees require providing proof of income and proof of the period of work interruption; and disability compensation shall be calculated based on the disability level, the local per capita disposable income standard of the previous year, and the compensation period. It is a crucial step to apply for a judicial appraisal to determine the disability level promptly after the injury condition stabilizes, as this will affect the total amount of compensation.

Q5: If I get injured while riding a bicycle on my way to or from work, does it count as a work-related injury?

It depends on the circumstances. According to Article 14 (6) of the Regulations on Work-Related Injury Insurance, if an employee is injured in a traffic accident on the way to or from work that is not primarily their own fault, it shall be recognized as a work-related injury. This usually requires the traffic police department to issue an accident identification certificate to clarify the division of responsibilities. If the fall injury is indeed caused by potholes on the road leading to loss of control of the bicycle and is recognized as primarily the employee's own fault, it is more difficult to constitute a work-related injury, but the employee can still claim civil compensation from the road management department. In cases where the injury is purely due to the employee's own riding mistakes and there are no factors involving the other party in the accident, it is even more difficult to determine whether it constitutes a work-related injury. It is recommended that the employee report the accident to the police in time to obtain the accident identification materials and file an application for work-related injury recognition within one year from the date of the accident injury. At the same time, the employee should make comprehensive arrangements for civil compensation and work-related injury applications.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Personal injury legal services·Beijing Henglu Law Firm