Potholes, Sidewalks, and Road Hazards for Scooter and E-Bike Riders

This is chapter 6 of The E-Scooter and E-Bike Injury Guide. The Bicycle Injury Guide's chapter on road defects covers trails and park authorities in more detail.

Key points

• D.C.: written notice to the Mayor within six months of the injury, stating the time, place, cause, and circumstances; a Metropolitan Police Department report made in the regular course of duty counts (D.C. Code § 12-309).
• Maryland counties and cities: written notice within one year, in person or by certified mail, to the official the statute names, such as the County Executive for Montgomery County and the county attorney for Prince George's County (Md. Code, Cts. & Jud. Proc. § 5-304).
• Virginia cities, counties, and towns: a written statement within six months to the local attorney, chief executive, or mayor (Va. Code § 15.2-209). Claims against the Commonwealth, including VDOT roads, need a written statement within one year (Va. Code § 8.01-195.6).
• Federal property, such as the National Mall and the George Washington Memorial Parkway: an administrative claim to the federal agency within two years (28 U.S.C. § 2401(b)).
• Preserve the evidence of the hazard right away: photographs with a measurement, the exact location, and the trip record.

Can you bring a claim for a pothole or broken sidewalk?

Often, but against whom depends on who owns and maintains the spot, and governments have special notice rules and immunities. City streets and most sidewalks in D.C. are the District's; county and city roads in Maryland and Virginia belong to the local government; state highways in Virginia are usually VDOT's; and paths on the National Mall and parkways are federal. A private property owner can be responsible for a hazard on private property, such as a parking garage ramp or a shopping center walkway; see premises liability.

The question in most of these cases is whether the owner knew or should have known about the defect and had time to fix it. Prior complaints through 311, repair records, and how long the defect had been there are the usual proof.

What notice do you have to give in D.C.?

Written notice within six months. An action for unliquidated damages against the District "may not be maintained" unless, within six months after the injury, the claimant or a representative gives written notice to the Mayor of "the approximate time, place, cause, and circumstances of the injury or damage" (D.C. Code § 12-309(a)). A written Metropolitan Police Department report made in the regular course of duty is sufficient notice, but a scooter fall often produces no police report at all. Do not count on one. See suing the District of Columbia.

What notice do you have to give in Maryland?

For a county or city, written notice within one year. The Local Government Tort Claims Act bars an action for unliquidated damages against a local government unless notice stating "the time, place, and cause of the injury" is given within one year, in person or by certified mail, return receipt requested (Md. Code, Cts. & Jud. Proc. § 5-304(b), (c)). Notice for Montgomery County goes to the County Executive and for Prince George's County to the county solicitor or county attorney (§ 5-304(c)(3)). The requirement does not apply if the local government had actual or constructive notice of the injury or the defect within the year, and a court may excuse late notice for good cause unless the government shows prejudice (§ 5-304(d), (e)). For a state road, a written claim goes to the State Treasurer within one year (Md. Code, State Gov't § 12-106(b)). See Maryland government claims.

What notice do you have to give in Virginia?

For a city, county, or town, a written statement within six months. Every negligence claim against a county, city, or town "shall be forever barred" unless a written statement of the nature of the claim, including the time and place of the injury, is filed within six months with the local attorney, chief executive, or mayor, unless one of those officials or the locality's insurer had actual knowledge of the claim within that time (Va. Code § 15.2-209). In Arlington and Alexandria, that is the six-month clock. For a claim against the Commonwealth, including a VDOT road, the written statement is due within one year, and a claim involving VDOT goes to the Commissioner of Highways (Va. Code § 8.01-195.6). Virginia's immunity rules also limit which government functions can lead to liability at all; see Virginia government claims.

What if you crashed on federal property?

The claim is against the United States under the Federal Tort Claims Act, and it must be presented in writing to the right federal agency within two years (28 U.S.C. § 2401(b)). That covers the National Mall, the George Washington Memorial Parkway, the C&O Canal towpath, and other National Park Service land. In a recent case in the U.S. District Court for D.C., a rider fell from a rented e-scooter after hitting an unmarked "uneven gap" on a path on the National Mall and broke his ankle. The court first granted summary judgment for the United States, then vacated it in August 2026, concluding that "summary judgment was premature when a genuine dispute of material fact exists as to the dangerousness of the sidewalk defect" (Akbar v. United States, No. 23-2382 (D.D.C. Aug. 6, 2026)). Defects that look small can still go to a factfinder. See Federal Tort Claims Act claims.

What evidence matters in a road or sidewalk hazard case?

• Photographs of the defect from several distances, with something for scale (a coin, a key, a tape measure) and with landmarks that fix the exact location.
• The trip record from the rental app or your own ride app, which places you at the spot at the time.
• Your scooter or e-bike and its damage, kept as it is.
• Prior complaints: 311 requests, neighborhood listserv posts, and news reports showing the government knew. A lawyer can request repair and complaint records.
• Return quickly. Governments repair defects after crashes, and the photograph you take next week may show a patched road.

• Previous chapter: Pedestrians Hit by Scooter and E-Bike Riders
• Back to the guide: The E-Scooter and E-Bike Injury Guide

Related practice areas

Related reading

• Baltimore's rental scooters and city liability
• DMV Injury Guide: government, Metro, and public property
• DMV Injury Guide: deadlines and timeline
• Bicycle Injury Guide: potholes, trails, and government claims

Responsible attorneys: Ryan C. Posey and Jacob M. Lebowitz. Posey Lebowitz PLLC, 3221 M Street NW, Washington, DC 20007.