Motorcycle accidents caused by poor road conditions can be devastating. Unlike other drivers, motorcyclists are more vulnerable to injuries caused by hazards like potholes and uneven pavement. The aftermath of a motorcycle accident can leave victims with physical injuries and economic losses like medical bills and lost wages, but the impact goes beyond these immediate losses.
Severe injuries can result in long-term pain, disability, emotional distress, or even loss of enjoyment of life. Some motorcycle accident victims suffer from trauma and are unable to ride again. Unfortunately, motorcyclists are often unfairly blamed for being reckless, which can make dealing with insurance companies or pursuing a lawsuit stressful and emotionally draining. How can motorcycle accident victims get the justice they deserve?
The parties responsible for the poor road conditions that caused your motorcycle accident must be identified so you can avoid bearing the full brunt of these damages. Below, we’ll explore potentially liable parties and your legal options for pursuing compensation.
The Impact of Motorcycle Accidents Caused by Dangerous Road Conditions
Motorcycle accidents caused by poor road conditions can lead to expensive property damage including bike repairs, to serious, life-altering injuries.
Some of the most common motorcycle accident injuries resulting from motorcycle accidents include:
- Traumatic brain injuries (TBI): These can cause memory loss, cognitive issues, or even permanent disability
- Spinal cord injuries: Paralysis and chronic pain can change the course of a rider’s life forever
- Nerve damage: Permanent weakness or numbness can leave victims unable to work or enjoy daily activities
- Internal injuries: Damage to organs can require expensive, long-term medical care
Such serious injuries can affect every aspect of your life, leading to various economic and non-economic losses like pain and suffering.
If your motorcycle accident was caused by poor road maintenance, you shouldn’t be left alone to handle such losses. You have the right to take legal action and secure the justice and compensation you deserve. Before filing a claim, you must identify the responsible parties.
Parties Potentially Responsible for Dangerous Road Conditions
Identifying the correct responsible party is crucial when pursuing compensation after a motorcycle accident caused by poor road conditions. Several entities may be responsible for road conditions, including the following. Each can have different legal protections and requirements.
The government entity that had jurisdiction over the road
The most common defendants in road condition-related motorcycle accident cases are the government entities responsible for maintaining the roads. Local governments have a duty to keep roads safe for all users, including motorcyclists. When they fail to repair potholes, address dangerous road debris, or ensure proper drainage, they may be held liable.
However, suing a government entity for your motorcycle accident comes with its own set of challenges. In both New Hampshire and Massachusetts, you must follow specific procedures when filing a claim against a government entity.
In most cases, the government is protected by “sovereign immunity,” meaning it can’t be sued without consent. However, you still have legal options for pursuing compensation.
Government employees who contribute to road hazards
Sometimes, the fault for poor road conditions lies not with the negligence of a government organization but with an individual employee. This may especially be the case if that person was directly responsible for the maintenance of the road or partook in its upkeep. For example, an employee may fail to properly fix dangerous potholes, clean up debris in a timely manner, or put up hazard signs despite being instructed to do so.
If you suspect an employee’s negligence caused your motorcycle accident, you likely would be unable to sue that individual directly. In general, the government entity responsible for employing the negligent worker would be held liable instead. This is because, under New Hampshire law and Massachusetts law, government employees are protected from personal liability for negligence.
Pursuing justice under the Massachusetts Tort Claims Act
In Massachusetts, there are two potential legal pathways for holding the government accountable: filing a claim under the Massachusetts Tort Claims Act or pursuing a Roadway Defect Claim.
The Massachusetts Tort Claims Act allows you to file a claim if a government entity or employee’s negligence caused your motorcycle accident. This applies if your motorcycle crash was due to damaged roads or hazardous conditions that the government should have addressed.
The Massachusetts Tort Claims Act presents strict deadlines for filing a claim. After a motorcycle accident, you must file a claim within 2 years of an accident on government roadways caused by a state entity or an individual employee’s negligence.
After you file, the government has 6 months to investigate the circumstances of your motorcycle accident and respond. If your claim is denied or a response is not given within 6 months, you can file a lawsuit. You will then have 3 years from the date of the accident to file a lawsuit in the Massachusetts Superior Court. This is also the court you would file in if seeking civil damages exceeding $50,000.
The maximum potential compensation you can receive, whether by claim under the Act or through court settlement, is generally $100,000.
Pursuing justice with a Road Defect Claim
If your motorcycle accident was caused by a specific roadway defect, such as a pothole, the process is different. You can file a Roadway Defect Claim against the government entity responsible for maintaining the road.
In Massachusetts, if your motorcycle accident happened on a state highway, you can only claim compensation for personal injuries (no property damage) for up to $4,000. If it occurred on a city or town road, you can file for both injury and property damage, with a limit of $5,000.
You must send notice to the responsible government body within 30 days of the accident. If they deny your claim, you have 3 years to file a lawsuit.
In New Hampshire, similar laws exist for suing a local municipality government or the state directly. All claims against the government must be filed within 3 years from the accident date. However, notice of the claim must be given to the government entity within either 60 or 180 days.
It’s crucial to have an attorney experienced in navigating government claims, as even small errors in filing can lead to the dismissal of your case.
Road work and construction companies
Sometimes, road conditions become dangerous because of ongoing or incomplete construction projects. In these cases, the government contractors working on roads or construction companies improving road-adjacent properties may be held legally responsible for your accident.
For example, suppose a government-contracted road work crew failed to mark uneven pavement properly or created a hazard with their equipment. The company or the entity that hired them could be held liable for accidents resulting from those conditions.
Sometimes a construction company may leave debris or chemical spillage on the roadway but fails to warn motorists of the danger properly. In such a case, the construction company could be held liable since it has a duty to ensure work zones are safe for all vehicles.
Utility companies
In some cases, utility companies can also be responsible for dangerous road conditions that lead to motorcycle accidents. For example, if a utility company is working on underground pipes or cables and fails to mark the construction area properly or leaves equipment on the road, it can create hazards for motorcyclists. If a rider crashes due to equipment or debris left by a utility company, that company may be held liable for negligence.
Suppliers whose defective products caused damage to the road
Sometimes, poor road conditions occur because of defective products used in road work or by utility companies.
If a company provides faulty or low-quality supplies that cause damage to the road and a motorcycle accident occurs, a product liability claim could be pursued against the responsible parties.
Potentially liable parties include the following:
- Supplier
- Manufacturer
- Distributor
This can add complexity to a case, as product liability claims often require proving that the product was defective and that the defect directly caused the road hazard.
Motorcycle accidents on private roads
If your accident happened due to poor road conditions on a private road, you can file a personal injury lawsuit or a claim with the liable party’s insurance company.
Privately owned roads include:
- Roads leading to a home or elsewhere on a homeowner’s property
- Roads on a farm or other types of privately owned rural land
- Roads leading to business property
- Roads under the domain of a homeowner’s association
- Any road on a public-owned transit authority’s property
- Any non-government road
Navigating the Road to Justice With Kiley Law Group
Motorcycle accidents caused by poor road conditions are often preventable. Whether the fault lies with a government entity, contractor, or utility company, the responsible parties must be held accountable for their negligence. If you have suffered injuries, it’s crucial to work with an attorney who understands the complexities of these cases and can fight for the maximum compensation you deserve.
At Kiley Law Group, we understand the physical, emotional, and financial toll of a motorcycle accident. Rest assured, you don’t have to bear it alone.
Our motorcycle accident lawyers are here to help you navigate the legal process and hold the responsible parties accountable. Contact our team today to discuss your case and take the first step toward recovering the damages you’re owed.
