Defects in Road Can Lead to Serious Motorcycle Accidents
Being a motorcycle rider can be exhilarating, fuel-saving, and even time-saving. That said, it can also come with a fair amount of risk. Unfortunately, one of these sources of risk can be the very road you’re riding on if it has been poorly maintained. If you’re injured in a motorcycle accident where a poorly-maintained road is to blame, you may have a claim against the government entity charged with keeping that road safe.
Small inconveniences for passenger vehicles can be serious hazards for motorcycles
Due to their narrow wheel base and the greater care required to keep a bike from tipping, motorcyclists are more prone to experiencing accidents than cars and trucks. Stray gravel that’s carelessly allowed to spill along a construction site can cause a motorcycle’s narrow wheels to lose contact with the road and skid. Potholes can also cause a bike to be knocked off-course, as can deep grooves in a worn-down stretch of road.
Not only are hazards like gravel on the roadway or potholes a danger to motorcyclists, but poor signage, road engineering, and road design can also cause dangerous motorcycle accidents. If signs do not adequately mark the curve of a road, or fail to indicate a steep curve, a car could end up on a head-on collision course with a motorcyclist, who would bear the brunt of that trauma.
Governments have a duty to maintain roads, even when weather takes a toll
Public roads fall to the government to maintain them in a safe condition. The branch or sector of government that’s responsible can vary based on the type of road and where it’s located. For example, the design of a major highway could fall to a state-level government office, while maintenance of a small neighborhood street might be your local town’s responsibility. In either case, there are certain limits on pursuing legal claims against a government entity. Under the principle of “sovereign immunity,” individuals are not permitted to sue government offices unless that office has been highly negligent or reckless in carrying out its duties. This is a higher standard than typically applies in negligence lawsuits. The period to file such lawsuits and other notice requirements also apply to lawsuits against government entities, so it is important to find an attorney who understands the nuances of claims for negligence damages against government entities to pursue such a claim on your behalf.
If you or someone you love has been hurt while riding a motorcycle in New Jersey, either on a negligently-maintained stretch of road or due to another driver’s negligent behavior, seek help in recovering what you’re owed for your injuries by contacting the Wayne personal injury attorneys at Massood Law Group for a consultation at 973-696-1900.