Cyclists feel road defects more than anyone else on the road. A pothole a car rolls over can throw a rider, and so can a raised lip at a kerb ramp, loose gravel left after roadworks, a drainage grate with slots running the same way as your wheels, or tree roots lifting a shared path. This guide explains when the council is responsible, the rules that protect councils, and what to do after a crash.
Common road defects that cause bike crashes
- potholes and edge breaks, especially in the bike lane or road shoulder
- raised lips and gaps at kerb ramps, bridge joints and path edges
- drainage grates and service pit covers that trap a wheel
- loose gravel, spilt material or debris left after roadworks
- tree roots and cracked concrete on shared paths and bikeways
- missing or misleading signs and line marking around works.
Is the council responsible?
Local roads, footpaths and many shared paths are the council’s. State-controlled roads belong to the Department of Transport and Main Roads, and the QLDTraffic Road Lookup service shows who owns a road. A contractor working on the road can also be responsible for the hazard it left behind.
The actual-knowledge rule
Section 37 of the Civil Liability Act 2003 (Qld) says a road authority is not liable for failing to repair a road, or for failing to inspect it to decide whether it needs repair, unless it had actual knowledge of the particular risk that caused the harm. It is not enough to show that the council should have found the defect.
In Goondiwindi Regional Council v Tait [2020] QCA 119, a motorcyclist hit a pothole after the council’s “rough surface” signs, which were not weighed down, blew over. The Court of Appeal held the council knew the risk of potholes developing and injuring road users, so section 37 did not protect it.
A “road” includes land dedicated to public use as a road, so a bike lane, and a path inside the road reserve, may be treated as part of the road. Whether a particular path counts can be argued.
Budgets and priorities
Councils are judged on the resources they reasonably have (section 35). In claims about how a council exercised its functions, it is liable only if what it did or failed to do was so unreasonable that no council could properly consider it reasonable (section 36). In Dennison v Brisbane City Council [2026] QSC 83, a cyclist was seriously injured after hitting a barricade the council had left on a footpath while concrete cured. The court said the council would otherwise have breached its duty, but held that section 36 applies to negligence claims and defeated the claim. This was a trial decision and may be reviewed on appeal.
If a car or truck was involved
If a motor vehicle caused or contributed to your crash, for example a driver who swerved around the same pothole into you, your claim may fall under Queensland’s compulsory third party (CTP) scheme rather than the usual personal injury notice rules. That can include any part of the claim against the council. CTP claims have their own strict notice time limits, which can be much shorter than the general time limit and do not depend on the council’s knowledge, so get advice early. Our guide to no-fault and fault claims in Queensland explains how CTP works.
Your own care
Your damages can be reduced if you were not taking reasonable care, for example riding too fast for a path you knew was broken or riding at night without lights. A rider who hits a hard-to-see defect while riding normally is in a very different position.
What to do after a bike crash caused by a road defect
- Step 1 Get medical treatment, and tell the doctor how the crash happened.
- Step 2 Photograph the defect close up with something for scale, and from further back so the exact spot can be found.
- Step 3 Keep your bike, helmet and clothing as they are, and photograph the damage.
- Step 4 Save your GPS or bike computer data, which records your speed, route and the time of the crash.
- Step 5 Report the defect to the council in your own name and keep the reference number.
- Step 6 Take the names of witnesses, and ask other riders whether they had reported the defect before.
- Step 7 Get legal advice well before the nine-month notice deadline.
Time limits
Notice to the council9 months (or 1 month after instructing a lawyer) Court3 years
Claims against a council follow the Personal Injuries Proceedings Act 2002 (Qld). Part 1 of the notice of claim is due within nine months of the crash (or of symptoms first appearing), or one month after you first instruct a lawyer and the council is identified, whichever is earlier. Court proceedings must generally start within three years. Damage to your bike alone can be claimed through the council’s own claim form.
Frequently Asked Questions
Can I sue the council for a pothole that caused my bike crash?
Yes, if the council was responsible for the road and had actual knowledge of the risk, or if another exception applies. Earlier complaints, inspection records and warning signs are the usual evidence.
Does the actual-knowledge rule apply to shared paths?
It applies to roads, and a path inside the road reserve may be treated as part of the road. For paths through parks, the question is whether the council acted reasonably, and its other protections still apply.
What if a driver was also involved?
You may have a CTP claim against the vehicle’s insurer, which does not depend on the council’s knowledge. Both claims can run together.
Can I claim for damage to my bike?
Yes. If you were injured, the bike can usually be included in your claim. If you were not injured, use the council’s claim form, with photos and repair quotes.
Carter Capner Law acts in these claims in Queensland. Phone 1300 529 529 or read our guide Can you sue the council for tripping on a footpath or pothole?