Road hazards cause bike accidents by causing tire blowouts, directly causing the rider to lose control of the motorcycle, requiring the biker to swerve in a dangerous manner, and requiring abrupt braking that can lead to rear-end collisions (and the rider being thrown from the bike). These are just a few examples of how road hazards can directly and indirectly cause bike accidents.
When a rider suffers an injury or loses their life because of road hazards, those affected by the accident may receive compensation. A motorcycle accident lawyer can help determine who is responsible for the road hazard, how much money your accident entitles you to, and how the lawyer will seek compensation on your behalf.
Types of Road Hazards That Can Cause Motorcycle Accidents
Roads are nothing if not hazardous. With speeding vehicles in close proximity and the capacity for the slightest error or defect to lead to catastrophe, motorcyclists know they face risk every time they ride. However, they generally expect that roadways will be reasonably safe.
Some hazards that expose riders to unacceptable risk of severe injury and death include:
Debris
While a truck or car can drive over or through debris without an accident, riders cannot always do the same. A rider who encounters debris on the road may:
- Hit the debris, causing injury on impact (and because of any subsequent fall or collision)
- Have to swerve unexpectedly, which may cause them to fall from the bike, hit another object, or suffer other harmful events
- Try to brake before hitting the debris, which can cause the rider to fall over their handlebars or suffer other harmful events
When determining who is responsible for a debris-related accident, your lawyer will identify the source of the debris. If the debris came from an industrial truck, the trucking company can be liable for the accident. In many cases, a municipality can be liable for failing to promptly remove debris from the road.
Poorly Maintained Roadways
Many states throughout America have large stretches of roadway of substandard quality. A road becomes hazardous to motorcycle riders when it has:
- Potholes
- A dangerous lip between lanes, also known as uneven surfaces
- Cracks in the roadway
- Unclear or inconsistent lane markings
- Other structural hazards
A municipality may be liable for your damages if you lost control of your motorcycle or suffered another type of accident due to poorly maintained roads.
Dangerous Work Zones
Work zones in America have become increasingly common and dangerous for motorists, and riders may be especially at risk when:
- The work zone is positioned too close to the roadway
- Barriers related to the work zone infringe on traffic lanes
- Debris from the work zone falls or flies into the roadway
- Machinery or other vehicles from the work zone enter the roadway in the path of an oncoming rider
- Those responsible for the work zone fail to regulate traffic as they should
Certain motorized vehicles can be challenging to navigate in and near work zones, and motorcycles are generally included. A private company, public entity, and other liable parties may have to cover your damages from any accident related to a work zone.
Dull or Nonexistent Lighting
Headlights are not always sufficient to prevent motorcycle collisions. This is why so many roadways are flanked by high-powered lights, and accidents may be more likely to happen when lights are absent or too weak.
For example, a rider may not see a pedestrian crossing the road if lights are not positioned along the road. It may lead the rider to swerve, brake, or hit the pedestrian in a manner that leads to injury and possible death.
A Lack of Functional Traffic Signs and Signals
If riders and motor vehicle drivers are expected to do their part to prevent collisions, municipalities can be reasonably expected to do the same. If traffic signals or signs are not present where they should be, not visible, or traffic lights are not operating as they should, a municipality may be liable for resulting bike accidents.
Who Is Liable for a Road Hazard That Causes a Bike Accident?
An investigation will tell who is liable for your accident resulting from a road hazard. Depending on the exact nature of the road hazard and how it emerged, your lawyer may find that liable parties include:
- The municipality in which the accident took place
- A private entity (like a trucking company or construction company) that caused the hazard
- Any individual who caused the road hazard to emerge (like an SUV driver who shoddily attached a mattress to their vehicle roof before the mattress fell in the way of a rider)
- The insurance provider for any such liable parties
It’s impossible to generalize the fault for a bike accident without having details of how the collision happened. That’s why your motorcycle accident lawyer will urgently seek details of the collision and establish liability as soon as possible.
What Injured Riders (and Their Loved Ones) Must Know About Cases Involving Road Hazards
Pay attention to the following information if you:
- Are a rider who suffered injuries in an accident related to a road hazard
- Are someone who lost a loved one because of a bike accident related to a road hazard
- Have a loved one who is seriously disabled due to a motorcycle accident related to a road hazard (and needs you to ensure they get justice)
The following information may lead you to hire a motorcycle lawyer, as these are potential challenges you might face when seeking justice for a collision. Some facts you should be aware of include:
If You Need to Sue a Municipality, the Deadline May Not Be Far Off
Many road hazards arise from failures by a municipality. It means that if you need to sue a city or another public entity, then:
- Your lawyer may have a matter of months (or less) to file the case, depending on when the bike accident happened
- If you do not act quickly to hire a lawyer, you can miss the deadline for taking certain actions related to the bike accident (and may suffer financially as a consequence)
Deadlines are not to be taken lightly, especially when it comes to high-stakes insurance claims and lawsuits. The sooner you hire your motorcycle accident lawyer, the less worries you will have about missed deadlines.
Municipalities Often Defend Themselves Aggressively from Claims Like Yours
Not all defendants involved in motorcycle accident cases put up the same fight. If you seek compensation from a municipality for an accident they are liable for, you should know that:
- Municipalities may have far more financial resources than the typical private sector or individual defendant
- Municipalities may have attorneys at the ready to fight motorcycle accident claims like yours
- Because dangerous road hazards often claim many victims, the municipality and its insurance provider may be experienced in defending claims similar to yours
This is not to say you can’t secure fair compensation from a municipality responsible for your accident. This just means that you should be prepared for a challenging case and perhaps allow a motorcycle accident attorney to represent you in the fight for justice.
Multiple Parties Can Be Liable for Road Hazards (and Therefore Cases Like Yours Can Be Complex)
It’s not always obvious who is at fault for debris, dangerous work zones, and other road hazards that lead to bike accidents. After considering all relevant evidence and information, your lawyer may find that multiple parties contributed to your accident.
Multiple liable parties can mean:
- A more complex case
- A more time-consuming case
- A more expensive case
- A case that is more difficult for you to handle, especially if you suffered an injury, traumatized, and low on time
Cases that are more complicated and time-consuming may also have higher stakes and potentially greater awards for the accident victims. However, you should be realistic about constraints on your time and let a motorcycle accicdent attorney—and their experts, paralegals, and investigators—to take the case off your hands.
How a Motorcycle Accident Lawyer May Secure the Compensation You Deserve
An effective lawyer personalizes their service. They know that motorcycle accident victims can vary in:
- The specific physical injuries their accidents cause
- The psychological and emotional symptoms resulting from the accident
- The degree to which they want to be involved in their insurance claim or lawsuit
- How they prefer to communicate with their legal team
- Many other ways that are relevant to their case
You should expect your attorney to personalize their approach for you, too. That being said, every motorcycle accident lawyer must manage the essential duties their clients require of them, which include:
Documenting the Hazard That Caused the Accident
When a road hazard causes a bike accident, a motorcycle accident attorney may document the hazard by:
- Visiting the accident scene, as a pothole, uneven surface, or other hazard may still be present when you hire a lawyer
- Researching any other accidents that have occurred because of the hazard, as this may illustrate clear and egregious negligence by liable parties
- Getting expert witnesses to testify about how liable parties’ negligence caused you to suffer harm
If witness accounts, video footage, or other evidence support your lawyer’s case, they will use that evidence accordingly.
Identifying Those Liable for the Rider’s Damages
Your legal team will determine who is financially responsible for damages from the bike accident. Often, an attorney will seek compensation from one or more insurance providers. However, your lawyer may also discuss with you the possibility of filing a lawsuit against one or more parties.
Documenting the Rider’s Damages
As they prepare to fight for the financial recovery you deserve, your lawyer will seek indisputable proof of your accident-related damages. This proof may include:
- Photographs, X-rays, CT scans, MRIs, and other relevant images of accident-related injuries
- Your doctors’ detailed diagnoses of your accident-related injuries
- Medical bills, which can prove both the cost and necessity of treatment
- Testimony from one or more mental health professionals about the toll of your bike accident
- Bills related to bike repairs, temporary transport, and other accident-related property expenses
Expect your lawyer to build the most compelling, detailed case possible, including showing the cost of the at-fault party’s negligence.
Establishing a Case Value and Negotiating a Settlement for the Rider
It can be the right strategy to seek a settlement after a motorcycle accident. Insurance companies are often financially responsible for the cost of riders’ injuries and property damage, and your attorney may seek a fair settlement from one or more insurers.
If your attorney negotiates a fair settlement that liable parties agree to pay, you may be on strong financial footing as you recover from your accident.
Will I Need to File a Lawsuit to Get Money After My Accident?
Settling is not always possible after an accident—at least not on the first try. Some potential roadblocks to a fair settlement can include:
- Disagreements about the cost of your damages
- A lack of adequate insurance coverage
- Bad-faith negotiation tactics (or claim-management tactics) by insurers
If these or other conditions lead you and your attorney to file a lawsuit, your lawyer can continue negotiating a settlement with liable parties. Some motorcycle accident cases lead to trial, though; your lawyer will be prepared for that possibility in your case.
What Damages Factor Into a Motorcycle Accident Settlement?
Your lawyer’s settlement demands will include any economic and non-economic harm you’ve suffered because of the road hazard, which may include:
- Healthcare expenses
- Pain and suffering (including pain and lost quality of life)
- Lost income and all other professional losses related to the bike accident
- Motorcycle repair costs and other property-related expenses
- Economic and non-economic damages associated with any disabling injury
Liability and damages are at the heart of personal injury cases; the category most motorcycle accident cases fall within. Your attorney will assign a fair financial value to all harm that has resulted from the collision—that’s what motorcycle accident lawyers do.
Don’t Wait to Hire a Motorcycle Accident Lawyer
Motorcycle accident lawyers often face many time constraints when representing clients like you, from filing deadlines to evidence that can disappear before long. Hire your personal injury attorneys as soon as possible so they can begin fighting for you right away.
Gary Annes
Partner
Personal Injury Lawyer With Over Twenty Years Of Experience
Gary Annes, a partner at Abels & Annes, P.C., has dedicated over two decades to practicing personal injury law, specializing in auto accidents, premises liability, wrongful death, medical malpractice, and sexual abuse. Since earning his law degree in 1995, Gary has led numerous jury trials, and adeptly resolved cases through arbitration and mediation, securing millions in compensation for his clients.
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