Atlanta to pay cyclist nearly $1M settlement for pothole crash
A doctor and experienced cyclist who suffered permanent physical injuries from hitting a pothole while riding on a city street is set to receive a nearly $1 million payout from Atlanta.
Francisco Averhoff was biking down Clifton Terrace Northeast in Atlanta alongside his wife in November 2023 when his front tire hit a pothole “throwing him over the handlebars and face first onto the pavement,” according to the lawsuit filed in DeKalb County court.
Averhoff was wearing a helmet but suffered “catastrophic” injuries — including “brain bleeding, facial fractures, spine fractures” — that led to more than $280,000 worth of medical bills after being admitted to Grady Hospital’s intensive care unit, according to a legal notice to the city in 2024.
“These were not merely slight depressions or slight elevations in the pavement; rather, they were major roadway defects,” Averhoff’s lawyer wrote. “The hidden element of the defects made them particularly dangerous for a cyclist.”
The Atlanta City Council approved a $999,999 settlement with Averhoff Monday, after city attorneys determined that defending the case would likely exceed that cost.
In a statement to The Atlanta Journal-Constitution, Averhoff said he hopes the lawsuit will spur more widespread changes to how the city conducts road maintenance.
“I hope it will also encourage the city to look more proactively at other problematic roadway issues,” he said. “This is particularly important with respect to roads often used by bicyclists and pedestrians.”
Averhoff and his wife originally asked the city for a combined $11 million payout. His lawyers argued the city acted negligently by failing to repair the road after numerous reports from residents, which included details of other hospitalized cyclists and an injured child.
The lawsuit lists seven formal reports to the city from 2015 to the incident in 2023. The location is a frequent path for cyclists traveling to or from the Stone Mountain Trail.
In July 2016, one resident told city officials they submitted multiple reports to repair potholes on the road, but thecases were closed without the potholes filled. Another from July 2021 warned of “a pothole on a steep grade that is also a bike route and has had multiple people wipe out their bicycles.”
Most of the reports note that residents submitted multiple repair tickets, or otherwise notified the city of dangerous conditions on the street. Some marked the potholes themselves with paint, according to the suit.
The lawsuit also alleged that by failing to correct a known safety hazard on a public street, the city knowingly allowed residents “to utilize an unsafe area of the roadway.”
About the Author
Riley Bunch is a reporter on the local government team at The Atlanta Journal-Constitution covering Atlanta City Hall. She covers the mayor and Atlanta City Council while also keeping an eye on the city’s diverse neighborhoods.
