What If A Pothole Caused My Motorcycle Accident?
Road hazards pose a much greater risk to motorcyclists than to the occupants of passenger vehicles, simply because it is much easier to be thrown off of a motorcycle entirely when encountering one. Of the many types of road hazards that riders face, which include debris, cracked asphalt, grates, and slick paint, potholes are perhaps the most common and the most dangerous. Unfortunately, although these kinds of cases are common, they can be difficult to pursue because the liable party often turns out to be a government agency. It is, however, still possible to hold these negligent entities, and the third party contractors they employ, responsible for their failure to keep the roads safe for all users.
Filing a Claim Against a Government Agency
In most accident cases, it isn’t possible to file a lawsuit against the state of Oklahoma or a local city, which are protected by sovereign immunity. However, claimants who can prove that the state (or the city) was negligent in its maintenance or repair of the road, could be entitled to compensation for their medical bills and property damage. Filing a claim in these kinds of cases will require completion of a variety of different forms, as well as supporting documentation and evidence, all of which must be submitted within a year of the accident. Many cities also have specific forms on their websites that claimants must use when filing a pothole damage claim. To ensure that your own claim isn’t denied due to a failure to submit the necessary forms or evidence, consider reaching out to an experienced Tulsa motorcycle accident lawyer for help.
Holding a Third Party Accountable
It isn’t always a state or government agency that ends up being responsible for potholes and similar road hazards. Many roads, for instance, are maintained and serviced by third party companies that enter into contracts with individual cities. Roads in private neighborhoods, roads on private residential property, and roads on commercial properties typically fall under this category. In these cases, when a road develops a pothole and it isn’t addressed, leaving motorists at risk of injury, then the injured party could file a claim against the negligent company, seeking compensation for accident-related losses.
Other Road Hazards
Potholes aren’t the only defect that can cause motorcycle accidents. Other road hazards that often cause these kinds of crashes include:
- Broken and cracked asphalt;
- Debris;
- Lack of signage;
- Lack of lane markings;
- Overhanging or overgrown foliage that impairs visibility;
- A lack of guardrails; and
- Improper speed limits.
Government agencies and the contractors they hire are tasked with keeping roads safe and their failure to do so can open them up to liability.
Call a Dedicated Tulsa Motorcycle Accident Lawyer
While no one expects road conditions to be perfect at all times, they should never be in such a state that they put motorists in an unreasonable amount of danger. If you or a loved one were injured in an accident caused by poor road conditions, you could be entitled to compensation for your losses. Call the dedicated Tulsa motorcycle accident lawyers at Levinson Law, P.C. to learn more.
Sources:
oklegislature.gov/cf_pdf/2001-02%20INT/hb/HB2637%20int.pdf
okc.gov/Home/Components/News/News/3781/18
