A violent flood washed out a road leading to a major highway. The government agency in charge of road maintenance contracted with Paver to construct a new road to replace the one damaged by the flood. In order to leave sufficient room for the road construction vehicles and workers, Paver closed the bike path that was adjacent to the damaged road. Biker had regularly used the path to bicycle to and from work each day. On the morning that Paver began construction, Paver blocked off the bike path. Persons using the bike path had to cross a busy highway to go around the construction area and resume use of the bike path on the other side. Paver did not provide any protective cones or traffic enforcement to assist persons traversing the highway to reach the bike path. Biker was injured while crossing the highway when struck by a vehicle driven negligently by Tom. If Biker brings suit against Paver to recover for his injuries, Biker will: