HOUSTON – **EDITOR’S NOTE: While blurred, the photo of the cyclist’s injury depicted in this story is still quite graphic. Discretion is advised.**
A cyclist who suffered serious injuries after hitting a pothole filed a lawsuit against the City of Houston, claiming the street where it happened had a pothole known to the city, but it was still not properly fixed.
It happened in November 2023, when the lawsuit alleges Patrick Lusby was riding his bicycle in the designated bike lane on Heights Blvd. just north of the Waugh Bridge.
“Yes, you have a bike lane, but it’s a death trap,” Lusby told KPRC 2′s Bryce Newberry.
After hitting the pothole during a nighttime ride, Lusby fell off his bike and hit his face on the pavement, which knocked out his two front teeth, split open his lip, and caused a concussion, he said.
“It sent me into pure shock,” he said. “It’s definitely not an enjoyable feeling, when you’re grinding teeth and having to spit them out with blood into mucky street water.”
Lusby has been cycling around the Houston area for the last decade and never expected to be so unsafe in a bike lane while wearing a helmet, he said.
The lawsuit alleges the city had previous knowledge of the street’s condition, claiming “it had been previously reported to the City of Houston” and either did not get fixed or wasn’t done properly.
“A disaster waiting to happen,” his attorney Stephen Boutros said. “When people are in a designated bike lane, they expect it to be safe. They expect it to be properly constructed, properly repaired, when potholes do develop.”
A photo shared with KPRC 2 from around the time of Lusby’s crash shows what Boutros calls an “embarrassing” repair job, in which asphalt appears to be loosely filling the hole.
“Grossly negligent. There was a massive amount of asphalt just dumped into a very, very large pothole. It wasn’t smooth,” Boutros said.
About a month after the crash—and after receiving notice of Lusby’s claim—records Boutros obtained from the city show a pothole repair was completed, and a photo shared with KPRC 2 show it to be more thorough.
Months after the accident, cycling isn’t the same for Lusby.
“It’s my life. It’s my passion. It’s my mental health. It’s my inspiration. It’s kind of everything,” he said. “The fear of knowing how dangerous it is does change the way you approach a hobby like that, a passion. Because when you’re in love with an activity and then trauma happens, it’s difficult to get back. And in fact, I haven’t gotten back on that bike specifically at all.”
Lusby is seeking damages for the injuries he suffered and his medical bills.
Lusby said his main goal in filing a lawsuit and speaking out about his situation is to protect the cycling community in Houston.
“I’m not trying to be some hero, but this amazing cycling community here in Houston deserves bike lanes and roads specifically designated for cyclists to be safe and free of cave-ins and gigantic potholes,” he said. “Other cyclists deserve ... to be safe on the city streets with designated bike lanes without imminent peril.”
According to the city’s website, it is possible to report a pothole, but residents cannot be reimbursed for vehicle damages: “Texas law determines whether the City and other governmental entities in the State of Texas can pay for damage caused by a pothole or an object in the street. Under State law, the City is not liable for property damage caused by the condition of its streets.”
Boutros told KPRC 2 your rights against a city or county where you’re injured because of pothole are pretty limited, unless you can prove they knew about it beforehand.
When it comes to property damage caused by potholes, he said your rights may be even less.
In response to the lawsuit, a city spokesperson shared this statement: “Houston Public Works is investigating the issue and gathering information about this incident. The City will take appropriate action in the lawsuit upon receipt of proper service of the suit.”
Mayor John Whitmire’s office has not responded to a request for comment on his plan for tackling potholes.
However, during the election season last November, then-mayoral hopeful John Whitmire said during a televised debate held by KPRC 2 in October, that he was determined to fix the city’s infrastructure.
“It’s not just potholes, now, it’s the entire street,” he said. “It’s slabs of concrete that are sinking into the ground and destroying our cars.”