A report by Autoinsurance shows that motorcycles account for 15% of traffic fatalities despite making up 3% of all registered vehicles in the U.S. This stark contrast highlights the vulnerability of motorcyclists on the road. While collisions with other vehicles are a leading cause of crashes, road hazards also play a significant role in motorcycle accidents. Poorly maintained roads, debris, and sudden pavement changes can be just as dangerous as reckless driving.
Unlike cars, your motorcycle has less stability. This means even a small hazard can send you into a serious crash. But what happens if a road hazard causes your accident?
Can you hold someone responsible and seek compensation for your injuries? Explore your legal options for filing a road hazard claim and seeking compensation.
Common Road Hazards That Put You at Risk
Due to the smaller size, reduced stability, and lack of barriers, your motorcycle is more vulnerable to road hazards. Some of the most common hazards include:
- Potholes and uneven pavement
- Loose gravel and debris
- Poorly maintained roads
- Missing or unclear road signs
- Oil spills and wet pavement
- Animals or obstructions
Recognizing these hazards helps determine whether an accident resulted from negligence or was simply a mere chance.
Who Is Liable for Road Hazard-Related Motorcycle Accidents?
When a road hazard causes your accident, determining liability is crucial. Depending on the circumstances, different parties may be responsible, including:
Government Agencies
City, state, or federal agencies could be liable if poor road maintenance led to your crash. They must keep roads safe for all drivers, including motorcyclists. If they fail to repair potholes or address other hazards, they may be held accountable under road hazard liability laws.
Construction Companies
Poorly marked construction zones can create unexpected dangers for riders. If debris, unsafe conditions, or missing warning signs contributed to your crash, the construction company may be responsible.
Private property owners
Overgrown vegetation, water runoff, or other hazards spilling onto public roads from nearby properties can put riders at risk. The property owner may be held responsible if these conditions cause an accident.
Steps to Take After a Motorcycle Accident Caused by Road Hazards
A motorcycle accident caused by a road hazard can leave you feeling overwhelmed. But taking the right steps can protect your health and legal rights. Here’s what you should do:
Document the Scene
Take clear photos and videos of the hazard, your injuries, and any damage to your motorcycle. This evidence is crucial in proving what caused your accident.
Seek Medical Attention
Even if you feel fine, see a doctor immediately. Some injuries take time to appear, and having medical records will support your claim.
Consult a lawyer
An experienced personal injury attorney can guide you through the process of filing a road hazard claim. They’ll help you understand your legal rights as a biker and determine who is responsible for your accident.
At RHINO Lawyers, we have experience handling motorcycle accident claims and fighting for riders’ rights. Our team can help you gather evidence, deal with insurance companies, and pursue the compensation you deserve.
File a Claim
Filing a road hazard liability claim involves proving that negligence played a role in your accident. This step can be complex, but you don’t have to worry. With the help of an attorney, you can strengthen your case and improve your chances of receiving compensation.
Litigation (If Necessary)
Legal action may be your next step if your claim is denied or the settlement offer is unfair. While most claims settle before trial, being prepared for litigation strengthens your position. Your accident lawyer will present evidence and fight for the compensation you deserve.
Types of Compensation Available
If your motorcycle accident claim is successful, you could receive different types of compensation. The amount you receive depends on the severity of your injuries and losses. Here’s what you can recover:
Economic Damages
These damages include financial losses directly caused by the accident. You may receive compensation for the following:
- Medical Bills
- Lost wages
- Rehabilitation costs
- Motorcycle repairs
Keeping detailed records of all expenses is crucial to securing fair motorcycle accident compensation.
Non-Economic Damages
Non-economic damages cover losses that are intangible or non-financial, which affect quality of life. Various non-economic damages caused by auto accidents include:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
While harder to quantify, these damages are just as important as financial losses.
Punitive Damages
In rare cases, courts may award punitive damages to punish extreme negligence. This applies if the responsible party acted recklessly or knowingly ignored road hazards. Although not always granted, they can significantly increase your compensation.
Challenges in Filing Claims
Filing a claim for a motorcycle accident caused by a road hazard isn’t always straightforward. Various legal and procedural obstacles can make securing compensation difficult. Here are some common challenges:
Sovereign Immunity
Suing a government agency comes with strict deadlines and procedural requirements. Plus, sovereign immunity protects many agencies.
This means plaintiffs can hold them liable only under specific conditions. Failure to follow the right steps could result in a denied claim.
Proving Negligence
To win your case, you must prove that the responsible party failed to maintain safe road conditions. Without strong evidence, such as photos and witness statements, it can be challenging to establish fault.
Shared Fault
If you share responsibility for the accident, the court may reduce your compensation. Under comparative negligence laws, your payout is adjusted based on your percentage of fault.
That’s why it’s essential to work with a legal team like RHINO Lawyers. We can help you gather evidence, prove negligence, and challenge unfair fault claims.
Injured by Road Hazards? Get the Right Compensation for Your Motorcycle Accident
A motorcycle accident caused by road hazards can leave you with injuries, expenses, and uncertainty. You don’t have to bear the burden alone. Understanding your legal options can help you pursue the compensation you deserve.
RHINO Lawyers, founded by Brandon F. Jones, Esquire in 2014, delivers bold, results-driven representation for motorcycle accidents, auto accidents, medical malpractice, criminal defense, and traffic violations. With 14+ years of experience and a client-first approach, our Tampa-based team fights fiercely to get you the compensation you deserve.
Get in touch for a free case evaluation.
CONTACT A TAMPA Motorcycle ACCIDENT ATTORNEY
In short, after a motorcycle accident, you may not know your rights. Above all, don’t struggle through the process alone. Actually, our personal injury team is here to help you with any legal needs you might have regarding your accident.
Lastly, let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at 844.RHINO.77.
