Motorcycle Road Hazards and Government Liability

In our previous blog post, we pointed out a number of the most common causes of motorcycle accidents – ranging from impaired riding to going unseen by cars to excessive speed to inadequate training to mechanical failure. Besides simply raising awareness of these types of incidents and the potentially catastrophic consequences, the point was to touch on the various ways one can mitigate the chances of falling victim to one of them.

However, sometimes, even if you’ve done everything right, you might find yourself in a situation where you suffer injury and or your bike is damaged in a crash that was impossible to foresee nor in any way your fault.

Road hazards can catch out even the most defensive, skilled, and experienced rider. Motorcycles are especially susceptible to dangerous road conditions, as they’re smaller, lighter, and glued to the pavement by a small and ever variable contact patch. 

As such, motorcyclists are heavily reliant on the proper maintenance of roads. Without that, a loss of control can easily lead to a single-bike accident – or even worse – a crash into traffic or immobile objects.

Types of Road Hazards

General Pavement Issues

Potholes, cracked pavement, and uneven lanes can all result in a crash before a motorcyclist has a realistic opportunity to take evasive action.

Lack of Grip

Loose gravel, grass clippings, and standing water due to inadequate drainage can impact grip levels in dangerous and unpredictable ways. 

Obstacles

Storm debris, litter and garbage, and traffic detritus (for example, a broken off muffler) present obstacles riders can’t predict and, in the worst of circumstances, can’t avoid.

Signage

Faded or missing traffic signs can leave riders with a dangerous lack of situational awareness.

Who is at Fault? Who is Liable?

In the event of a crash as a result of unacceptable conditions, determining who is at fault and who is liable depends on where it occurred.

Cities, counties, and states all play a role in the maintenance and upkeep of public roads.

Meanwhile, the onus shifts to property owners on private roads and parking lots.

And contractors can be found at fault in construction zones if they create unsafe driving conditions.

While laws differ from state to state, all of the above can be found liable and held accountable if proven negligent while certain standards are met.

Such cases often prove quite challenging – the government, for example, enjoys sovereign immunity and can only be sued in specific conditions. At the same time, insurance companies may prefer to shift the blame to the rider.

Typically, there needs to be proof that the hazard not only directly caused the accident but also existed long enough that the relevant party can reasonably be expected to have known about it and already addressed it.

However, these cases are not impossible with proper legal presentation. Such actions can allow riders to recoup their medical expenses, repair costs, lost wages, and additional non-economic damages.

What to Do if You Find Yourself the Victim of Unacceptably Dangerous Road Hazards

If you suffer a crash of this type, call 911 and report it, document the scene, preserve the evidence, and seek medical attention.

And then contact experienced legal representation – contact Law Tigers – experts in the field who can help you navigate complex legal procedures. And do so in a timely fashion – there are often strict deadlines associated with these types of cases.

Law Tigers: America’s Motorcycle Lawyers

If you or a loved one suffered an injury in a motorcycle accident, our legal team here at Law Tigers is ready to help. For decades, we’ve helped defend the rights of wronged motorcycle riders by providing skilled representation and sound legal advice across the United States. To get a free case evaluation or to schedule your free consultation, call us at Law Tigers today at 1-800-529-8443.