Steven A. Bagen | December 21, 2024 | Motorcycle accident
If a road hazard caused your motorcycle accident, you may have legal options to recover compensation for your accident, injuries, and other damages. Schedule a free consultation with a motorcycle accident lawyer to determine eligibility and discover a strategy for securing a financial settlement for your losses.
Road Hazards That Frequently Cause Motorcycle Accidents
Road hazards can be dangerous to motorists and cause motorcycle accidents for two primary reasons: they cause the motorcyclist to lose control of their bike or cause another driver to lose control of their vehicle, resulting in a collision with the motorcyclist. Significant road hazards that cause motorcycle accidents are as follows:
Road Defects
Road defects are a leading cause of motorcycle accidents in the U.S. These defects include massive potholes, significant cracks in the concrete, uneven pavement, and rough and missing pavement. Government entities are responsible for maintaining pavement as it begins to wear, including repaving when necessary.
Road Debris
Debris is another hazardous road condition that is responsible for causing motorcycle accidents. A study determined that road debris was a factor in an estimated average of 50,658 police-reported collisions in a four-year period. Debris on the road may include loose gravel, large rocks, tree branches, building materials, dead animal carcasses, broken glass, signs, and garbage.
Additionally, fallen cargo and construction equipment are road hazards that cause motorcycle accidents. Road inspection and maintenance are necessary for removing dangerous debris from the roads. If debris was responsible for your motorcycle collision, consult an attorney. You may have a viable claim against liable government entities.
Standing Water
Standing water on the road is dangerous and can cause motorcycles to hydroplane. If standing water is due to failure to maintain or improper maintenance of drainage systems, that constitutes a road hazard for which your attorney can file a claim. Roads should also have adequate signage warning if standing water risks are known. Failure to properly indicate the hazard may make government entities liable.
Oil and Fluid Spills
Oil spills and other fluids on the roadway can be hazardous. While oil slicks generally don’t wreak havoc on four-wheeled vehicles, they can make the road slippery for motorcyclists. If the cause of your crash was a known oil or fluid spill that was not cleaned up within a reasonable timeframe, you may have a viable claim.
Lack of Guardrails
Guardrails help signal to motorcyclists of sharp turns and curvy corners. They also provide protection by keeping motorists on the road and away from hazardous curves, steep slopes, and dangerous cliffs.
Inadequate or missing guardrails can lead to severe injuries and fatalities. While motorcycles make up a mere three percent of all registered vehicles and only 0.7 percent of all vehicle miles traveled in the U.S., motorcyclists account for 14.6 percent of all motor vehicle fatalities.
Missing or Defective Road Signage
Missing or broken road signs can lead to devastating motorcycle collisions. Road signage is necessary for informing motorists of speed limits, sharp corners ahead, when to yield, and when to stop—among other things essential to driver safety.
Missing or defective signs create a hazardous environment for motorcyclists on the road. For example, shoulder drop-offs—the drop between paved and unpaved roads—are a significant concern for motorcyclists. You may have a case if a municipality fails to ensure road signage indicating the shoulder drop-off.
Malfunctioning Traffic Lights
Local municipalities have a reasonable duty of care to maintain traffic lights and ensure they work properly. Traffic lights regulate the stop-and-go of traffic and are critical to safety. Malfunctioning traffic lights are a considerable hazard to motorcyclists. If it’s determined a malfunctioning traffic light was responsible for your crash, you may be eligible for compensation.
Inadequate Lighting
Inadequate lighting can lead to hazardous road conditions, causing motorcycle accidents. Government and commercial property owners have a reasonable duty to provide adequate lighting for safety. Failure to maintain adequate lighting can be viable for filing a claim for compensation if your attorney can prove the property owner acted negligently.
Inadequately Marked Construction Zones
Construction zones are particularly hazardous for motorcycle riders for many reasons, including blocked-off lanes, road layout changes, uneven pavement, reduced lane width, and loose debris like gravel. Inadequately marked construction zones are dangerous and negligent.
Who Is Liable When a Road Hazard Causes My Motorcycle Accident?
Determining liability when road hazards are responsible for your motorcycle accident depends on the hazard type and location of the collision. Standard parties responsible for hazardous road conditions causing motorcycle accidents include:
- Government/Municipalities: If the accident happened due to improper road design or negligent road maintenance, you may have a claim against the municipality responsible. These cases include road defects, malfunctioning traffic lights, missing road signs, and guardrails. Filing a claim against the government is highly complex and imposes shorter time limits and potential immunities. Speak with a motorcycle accident lawyer with experience in government liability.
- Private Companies: Third-party liability holds private companies and individuals accountable for dangerous road hazards that cause motorcycle accidents. For example, spilled cargo on a roadway is a preventable hazard that may hold trucking companies, cargo loaders, and other parties responsible for your damages. Construction companies may be liable for inadequately marked zones.
- Motorcycle Insurance: Your motorcycle insurance policy may cover damages from road hazard accidents. An attorney can review your policy with you. You can file a claim with your insurer to secure compensation for your accident, injuries, and damages.
Multiple liable parties may exist depending on the circumstances of your motorcycle collision. An experienced motorcycle accident attorney will review the details of your case and insurance policy to determine all avenues of compensation.
Steps to Take Following a Motorcycle Accident
Following a motorcycle accident, you should take several critical steps to ensure health, recovery, and the protection of legal rights. These steps include getting a medical evaluation, documenting your injuries and treatment, reporting your accident, and hiring a motorcycle accident lawyer.
Get a Medical Evaluation
Regardless of how you feel after a motorcycle accident, your top priority should be getting a comprehensive medical evaluation. A doctor will assess injuries, order diagnostics and imaging to diagnose or rule out injuries, and prescribe necessary medical and rehab treatments.
A medical evaluation immediately after the accident is vital for your motorcycle accident claim. Common injuries associated with motorcycle crashes involve:
- Biker’s arm (nerve damage to the upper arm)
- Soft tissue injuries (sprains, strains, swelling)
- Spinal cord injuries
- Traumatic brain injuries (TBIs)
- Broken bones
- Neck injuries (whiplash, herniated discs)
- Internal injuries
- Road rash
- Limb amputations
Psychological trauma, including generalized anxiety, post-accident depression, and post-traumatic stress disorder (PTSD), frequently occur after motorcycle accidents. These symptoms may take time to develop and require seeing mental health specialists for proper diagnosis and treatment.
Document Your Injuries and Treatment
Documenting your accident, injuries, and treatment to prove damages with your motorcycle accident claim is important. Economic damages can be verified by their paper trail. However, non-economic damages are intangible losses that can be more challenging to prove.
Motorcycle accident victims must keep a post-accident injury journal to document these damages accurately. Things to include in your journal are as follows:
- Your detailed recollection of the motorcycle accident
- Severity of pain
- Type of pain (achy, dull, sharp)
- Location and duration of pain
- Pain management
- Emotional and psychological effects of pain
- Activities that worsen pain
- Inability to perform daily tasks or once enjoyed hobbies
- Injury progress
- Emotional condition
- Sleep disturbances (tossing and turning due to pain, insomnia, nightmares)
- Physical symptoms (headaches, dizziness, numbness, tingling)
- Psychological symptoms
Your journal is ideal for documenting your medical and rehabilitation appointments, travel time, and gas expenses associated with going to and from the appointments. Your attorney can seek compensation for these losses. If you need medical treatment far from home and require hotel accommodation, keep track of the date, time, and expense.
Report Your Accident
How long you have to self-report your motorcycle accident to your insurance company depends on state jurisdiction. For example, in Florida, you must report within 10 days of the collision. If you retain an attorney immediately following the accident, they can assist with this process.
Hire a Motorcycle Accident Attorney
Motorcycle accidents caused by road hazards are generally complex due to the nature of liability and the severity of injuries. Trying to navigate the claims process and legal system while maintaining medical and rehabilitation appointments can become overwhelming quickly. Allow an experienced motorcycle accident attorney to handle your case so that you can focus on your recovery.
How a Motorcycle Accident Lawyer Can Help
Most motorcycle accident attorneys work for contingency. That means you do not owe them any money upfront; they only get paid if you do. With zero financial risk, having an experienced lawyer handle your legal proceedings makes sense. Their services include:
- Investigating your accident by gathering evidence.
- Working with accident reconstruction experts.
- Valuing your claim.
- Negotiating with all liable parties to maximize your claim.
If your claim goes to trial, having an attorney represent you in court is vital.
Gather Evidence
Collecting and preserving the evidence in your motorcycle crash is pertinent before it is lost or destroyed. For example, video surveillance can be lost in a matter of 24 hours. Evidence your attorney will gather includes:
- Police Report—the official report of your motorcycle accident, including the details of the collision, witness statements, and citations.
- Photos and Video—pictures of the accident scene, motorcycle, and injuries following the crash. Video from witness cell phones, traffic cams, dashcams, and commercial business security.
- Damaged Gear and Debris—damaged or destroyed motorcycle parts, clothing, and safety gear like helmets.
- Medical Records—detailed reports of your evaluation, emergency room reports, diagnostic image records, and other diagnoses and treatments relating to your motorcycle crash.
- Expert Witnesses—expert testimony from medical professionals, economists, and accident reconstruction specialists.
If you have photographs of the accident scene, medical bills, receipts for out-of-pocket expenses, and other evidence pertinent to proving negligence, liability, and damages in your case, provide them to your attorney. It will help them better advise you on your case and help them build a strong foundation by securing all relevant evidence.
Accident Reconstruction
Accident reconstruction is often an important part of your motorcycle collision lawyer’s investigation process. Accident reconstruction specialists use evidence from the accident scene, mathematics, and physics to pinpoint negligence and liability.
They recreate the accident using computer simulations, diagrams, and 3D models, making it easier for insurance companies, judges, and juries to understand. Their expert testimony is invaluable to your case.
Valuing Your Claim
Valuing your claim involves looking at all monetary and non-monetary losses sustained from your accident. Common damages your attorney will seek in a motorcycle accident case are as follows:
- Healthcare costs
- Income losses
- Motorcycle repairs or replacement
- Property damages (helmet, clothing, cell phone)
- Pain and suffering
- Psychological trauma
- Shortened life expectancy
- Permanent impairment
- Loss of consortium
Families suffering the tragic loss of a loved one due to a motorcycle crash may also have a right to recover compensation with a wrongful death claim. A wrongful death suit may involve other recoverable damages, including final medical costs, funeral and burial expenses, and loss of financial support.
Negotiations With Liable Parties
It is customary for liable parties to reject the amount outlined in the demand letter and begin negotiations with a low-ball offer. Negotiations can be lengthy, involving multiple rounds before agreeing on terms. Your motorcycle accident attorney will discuss any offers before accepting or rejecting them.
Represent Your Case in Court
When lawyers and liable parties cannot agree on settlement terms, your case may move to trial. Your attorney will discuss all viable options and outcomes and not make these decisions without you. While most motorcycle accidents are settled outside of court, it’s important that your lawyer has trial experience in the rare event yours does.
Factors That Impact the Value of Your Motorcycle Accident Case
Not all motorcycle collisions are not valued the same. Various circumstances impact the value of a motorcycle collision case, such as:
- The severity of your injuries
- Your total medical and rehabilitation costs
- Your total income losses from missing work
- Whether you require future medical care
- Whether you can return to work
- How your motorcycle collision and injuries affect your mental health
- All economic and non-economic damages incurred from the crash
Your lawyer will consider all factors and liable parties to maximize your compensation claim. Schedule a free case evaluation to have an experienced Lake City personal injury attorney best advise you. You may be eligible to seek substantial compensation for your accident claim.