Motorcycle Accidents and Road Defects: Holding Municipalities Accountable
January 7, 2025- Categories: Motorcycle Accidents
Motorcycle accidents occur for many reasons. While negligent drivers are a leading cause of motorcycle accidents, many motorcycle crashes happen due to road defects. In some circumstances, it’s possible to hold the local government responsible for a motorcyclist’s crash injuries. Recovering compensation for a motorcycle crash caused by road defects begins by being able to recognize the most common road defects that cause motorcycle accidents. This knowledge can help you identify when the local municipality might be responsible for crash injuries. From there, you can contact a motorcycle accident attorney for help obtaining compensation.
Common Road Defects That Cause Motorcycle Accidents
Road defects can take many forms. Some of the most common road issues that frequently lead to motorcycle accidents include:
- Potholes
- Cracks in the road
- Uneven pavement
- Loose gravel
- Road obstructions
- Dead animals on the road
- Unsafe construction zones.
The government is responsible for maintaining roads in a safe state. When a motorcyclist ends up in an accident and is left with injury costs, lost wages, and other accident expenses, they may be able to pursue compensation from the responsible government entity.
Exactly which branch of government is responsible for a road defect motorcycle crash depends on the type of road and what entity is responsible for its upkeep. A local city government, a county government, or a state government might be the responsible party, depending on whether the crash occurred on a city street, a county road, or an interstate.
Injured in a California motorcycle accident? Neale & Fhima APC can help with injury compensation. Call us at 888-407-2955 to learn more.
Determining Municipal Liability
When you consult a motorcycle accident attorney about recovering injury compensation, the first thing your lawyer will do is identify whether they can find a party responsible for the accident. In the context of motorcycle crashes that occurred due to road defects, your lawyer needs to find out who was responsible for the unsafe state of the road.
First, your lawyer will discover which municipality oversees the section of the road on which you were injured. However, you can’t immediately hold that municipality accountable. Instead, your lawyer needs to collect evidence about how the crash occurred and work to prove that the local government was negligent in keeping the road safe. It’s most common to hold municipalities responsible in cases involving unsafe repairs or a lack of repair. Common examples here include unfixed potholes or uneven pavement.
In some cases, another party might actually be liable for a motorcycle accident that happens due to road defects. One common example is when the unsafe state of the road is due to a construction crew. Ongoing construction work, construction equipment left by the road, and a lack of appropriate signage can all be valid reasons why a construction crew might be held responsible for road defect crash injuries rather than the local municipality.
Road Defect Notice Requirements
One of the most challenging aspects of recovering motorcycle accident injury compensation from a municipality due to road defects has to do with notice requirements. It’s not enough to prove that the road was in an unsafe state and that the local municipality failed to promptly make repairs.
Instead, you must go a step further by proving the municipality knew about the road defect and still did nothing to fix the issue in a timely manner. This is one of the many reasons why you need a skilled motorcycle accident attorney to handle your claim. Your lawyer will be able to get access to records and documents showing whether the local government knew about the defects and still did nothing. This often takes the form of internal notices showing road repairs scheduled for some point in the future. In other cases, it might take the form of reports from local citizens requesting that unsafe road defects, such as large potholes, be repaired.
Your motorcycle accident lawyer needs to find proof that the municipality knew about the road defects but failed to make necessary repairs.
Filing a Claim Against the Government
Filing a claim against the government to recover compensation for motorcycle accident injuries is complicated. Personal injury claims involving the government are subject to shorter timelines and often involve compensation caps. Due to the complexity of these types of cases, many personal injury attorneys don’t even handle cases against the government.
However, a skilled lawyer won’t back away from fighting to help you recover the compensation you need. Local governments have a responsibility to keep the road safe for the general public. When they fail in this obligation, they should be held responsible, and you should be able to recover the compensation you need.
Working with a skilled lawyer is your best chance of recovering compensation through the Federal Tort Claims Act (FTCA). A lawyer can also help you understand the importance of expert witnesses. Hiring one can significantly help the outcome of your claim.
Compensation for Damages in a Motorcycle Accident
Motorcycle accident compensation can reimburse you for nearly any cost or financial loss associated with the accident. In general, you can recover motorcycle accident compensation for things like:
- Medical bills
- Attendant care
- Assistive devices
- Lost wages and benefits
- Funeral and burial costs
- Pain and suffering damages.
When you need to recover motorcycle accident compensation from a government entity, the process is more complicated. There are often caps on how much you can recover. You can speak with our motorcycle accident lawyers to learn more about your possible case value.
Speak With Our California Motorcycle Accident Lawyers Now
Neale & Fhima APC is a California personal injury law firm with a long track record of success. With over 40 years of combined experience, a 99% success rate, and over $50 million recovered for our California clients, we have the skill and experience you want in your motorcycle accident case. Recovering compensation from a California municipality can be challenging, but our skilled legal team is up to the task.
Call Neale & Fhima APC today at 888-407-2955 to schedule a free consultation with an experienced California motorcycle accident attorney.
Attorney Aaron Fhima
Aaron Fhima is a trial attorney who has secured numerous settlements and verdicts against large corporations and some of the largest auto manufacturers in the world. Representing consumers and injury victims throughout the state of California, Aaron’s practice areas include personal injury, and lemon law litigation. Aaron has a long record of success taking on large defense firms; and he doesn’t hesitate to take cases to trial when necessary to enforce his clients’ rights. [ Attorney Bio ]
