Motorcycle riders face constant risks on the road, but not all are associated with other drivers: Potholes, debris, uneven pavement, and poorly marked construction zones can all cause riders to lose control, leading to a possible motorcycle accident. Determining liability in these situations can be challenging, but in some cases, you might have the option of suing a potentially liable party.
What Qualifies as a Road Hazard?
A “road hazard” is any condition or object on public or private roads that creates an unexpected danger for drivers and riders. Examples include potholes, fallen tree branches, loose gravel, oil spills, exposed manhole covers, and road construction obstacles.
Who Can Be Held Responsible for a Motorcycle Crash?
That typically depends on who had the duty to maintain safe road conditions. In some cases, government entities like city, county, or state departments of transportation may be responsible if they failed to repair or warn about dangerous conditions. Private property owners could also be liable if the hazard originated on their land and extended onto a roadway, creating a risk for riders.
Is It Possible to Sue a Government Entity?
Yes, but suing a government agency involves specific procedures and deadlines. Many jurisdictions require that a formal claim be filed within a limited period, often just a few months after the incident. The claim must provide detailed information about the accident, including the location, nature of the hazard, and resulting injuries. If the claim is denied or ignored, the next step may be filing a lawsuit, following additional legal requirements such as notice periods or specialized court procedures.
What Evidence Is Needed to Support a Claim?
Photographs of the roadway, skid marks, damage to the motorcycle, and any visible debris provide objective support for these claims; witness statements and medical records related to injuries also strengthen the case. Accident reports filed with law enforcement can also offer an official record of the circumstances.
Can Insurance Cover Damages From a Road Hazard Crash?
Motorcycle insurance may cover damages under certain circumstances, but coverage varies by policy. Collision coverage can help pay for repairs to your motorcycle, while medical payments or personal injury protection may address treatment costs. Some riders may also pursue claims against the responsible party directly, particularly if the insurance coverage is insufficient to cover all expenses.
How Does Comparative Fault Affect My Case?
“Comparative fault” rules determine whether damages are reduced if the rider shares some responsibility for the accident. For instance, if a rider was speeding or distracted at the time of the crash, the compensation may be adjusted proportionally.
When Should I Contact a Motorcycle Accident Lawyer?
We recommend seeking legal guidance as soon as possible after a crash involving a road hazard. Early consultation allows a lawyer to gather evidence, advise on filing requirements, and communicate with government agencies or insurance companies. Prompt legal involvement can preserve critical deadlines and increase the chances of obtaining fair compensation.
What Should I Expect During the Legal Process?
Filing a claim or lawsuit typically involves gathering evidence, documenting damages, and presenting a clear account of the accident. Negotiations with insurance companies or government representatives can occur before formal litigation. If a settlement is not reached, the case may proceed to court, where legal arguments and evidence are reviewed before a determination is made. Patience, determination, and detailed preparation are central to this process.
A Skilled Montgomery County Motorcycle Accident Lawyer at Bikers Have Rights Can Help Clients Recover Damages for Their Injuries
If you need legal representation for a motorcycle accident caused by a road hazard, contact a Montgomery County motorcycle accident lawyer at Bikers Have Rights. For a free consultation, call today at 877-333-0300 or contact us online. Located in Plymouth Meeting, Pennsylvania, we proudly serve clients in Pennsylvania & New Jersey.