Motorcycle Accidents

I Crashed My Motorcycle on a Defective Road. Who Can I Hold Liable?

More than 4,000 motorcyclists die on the nation’s road each year. The number of annual fatalities has doubled since 1997 when there were a record low 2,116 motorcycle deaths. Bike accidents are often more serious than other types of vehicular crashes. Motorcyclists don’t have seatbelts, airbags or metal to protect them and they may or may not wear a helmet or a protective jacket. Therefore, when bikers get into accidents, they often suffer serious injuries.

Most motorcycle accidents happen because of a collision with another vehicle. However, bikes are at greater risk of crashes caused by defective road conditions. Potholes, structural defects, and road debris all create hazards that can lead to catastrophic or even fatal injuries. If a car hits a pothole, the occupants will get a jolt. In a worst-case scenario, an axle may break. However, when a bike hits a pothole, it is likely to flip forward or slide on its side. The rider may simply lose control of the motorcycle and he resulting injuries can be serious.

If you got injured in an accident caused by road defects, you may be worried about whether you can get compensation. Unlike most accidents, there’s no other motorist to hold responsible. However, you’ll be relieved to know that you may be able to file a lawsuit against the city or state that’s responsible for maintaining the roadway. It may not be easy to get compensation but with the help of an experienced motorcycle accident lawyer, you can recover your losses.

Road Conditions That Can Lead to Accidents

The National Motor Vehicle Crash Causation Survey conducted from 2005 to 2007 showed that when accidents are caused by the road environment, 24 percent of the time it’s because of inadequate signs and signals, obstructed views, poor road design, or other highway-related issues.

Potholes are perhaps the most obvious hazard to a motorcyclist. However, there are several other road features that can be dangerous. These include:

• Uneven gravel. Bikers often venture onto gravel roads. If these roads aren’t filled or they aren’t leveled after rain or snow, the motorcyclist’s front wheels can slide out from under them and cause serious injuries.

• Poor road design. If a road hasn’t been poorly designed, it may have a blind corner or steep drop-offs with no rails. If you believe the design of a road led to your injuries, you can seek compensation from the responsible government entity.

• Unmarked railroad crossings. In many places, vehicles have to cross railroad tracks.  These crossings need to be adequately marked and they should be made suitable for the use of cars.

• Ruts in the road surface. Construction machines often leave tracks on the surface of the road. If these aren’t removed, the wheels of a bike can get trapped in them.

• Conspicuous seams in the pavement. Roads will have seams but when complete, each section should be on the same level. If it’s not, it can cause an accident.

Injuries Motorcycle Riders Can Suffer

Motorcycle accident victims often sustain injuries that have long-lasting consequences. Some experience pain or discomfort for years while others are left with disabilities. Some victims are never able to work again or engage in their usual activities. Among the more serious injuries are:

• Traumatic brain injuries
• Bone fractures
• Spinal cord injuries
• Soft tissue damage
• Accidental amputation
• Crush injuries

Data from the National Trauma Data Bank-National Sample Program (NTDB-NSP) revealed that motorcycle accident victims were more likely to suffer injuries to the lower extremities. Upper-extremity injuries and head injuries were the second and third most likely. While injuries to the legs are most common, abdominal, chest and head injuries tend to be more severe.

If you believe that a road defect caused your crash and your injuries, you need to reach out to an attorney. They will look into where the accident occurred and ensure you pursue the right defendant.

Filing a Claim for Damages

A number of government entities may be held responsible or an accident caused by a road defect. However, you may also be able to get compensation from a private entity. If you were riding on a federal highway, the federal government can be held liable for defects. However, so too can any independent contractors who designed or constructed the road.

If you were on a local or state road, it likely that a local government department would be responsible for the roadway. In many situations, government entities are protected from lawsuits by what is called sovereign immunity. However, there are exceptions to this. Your attorney will advise you on whether you can sue the entity that’s in charge of the road on which you got injured.

If you can file a lawsuit, the process will be different from if you were filing a regular personal injury lawsuit. They are different rules when you sue a public entity. It is likely that you will first have to file a notice of claim before you proceed with legal action. You may have as little as 30 days to notify the entity in writing of the date and location of your accident, and how much you’re seeking in damages.

Furthermore, you may only have six months from the date of your accident to file your case. If you don’t act within the timeline for your jurisdiction, you will be barred from recovering damages. As soon as possible after your accident, you need to contact a lawyer. They will look into your case and identify all the deadlines you need to meet. Sometimes, there are different processes in place depending on the value of your claim.

You need to give your lawyer as much time as possible to work on your case. You will need to prove that the government body knew or should reasonably have known that there was a problem with the road. If the entity responsible for the road knew about a hazard and failed to address it within a reasonable time, you may have a case for negligence. Your attorney may need to call on experts to give their opinions on the condition of the roadway and how it caused your accident and injuries.

What to Do After A Motorcycle Accident

If you drive on a defective road and it causes you to crash, your priority should be to seek medical attention. Not only is this important for your health but it will help to prove that your injuries resulted from the crash. If your injuries are serious, you may not be able to take photos or talk to witnesses at the scene. However, you need to make sure that you hold on to any other evidence like police reports, medical bills, and information from your doctor. Your attorney will use these to help prove your case.

Given how difficult it can be to file a claim against the government, you need to reach out to a competent attorney as soon as you can. Most motorcycle accident lawyers offer a free consultation and they work on a contingency basis. This means you won’t have to pay until they secure compensation on your behalf. There’s, therefore, nothing stopping you from seeking legal advice.