Road Defects and Motorcycle Accidents
One of the biggest advantages of a motorcycle compared to a car is maneuverability. It allows the rider to ease pass the traffic and reach their destination in the quickest possible way. But while it is more convenient than a car, motorcycles also place riders at a greater risk of getting involved in an accident. The website of Karlin, Flrisher & Falkneberg, LLC reveals that motrocyclists are more susceptible to road conditions than their counterparts.
There are different kinds of road conditions that can put in danger a motorcycle rider. A loose gravel from a construction project or a deep pothole can make a motorcycle wobbly and cause the driver to lose control. No matter how safe you drive, you will remain at the mercy of road conditions. Other conditions that may impact motorcycle accidents include confusing, damaged, or missing signs, lack or poorly placed traffic signals, blind curves, and others.
So who can be held liable for injuries or fatalities due to poor road conditions? The main agency tasked to assist state and local governments with guidelines for the safe design and construction of roadways is the Federal Highway Administration. It monitors accidents and inspects accidents where road designs, maintenance, and other defects were the main cause.
Accidents due to road conditions are governed by the theory of “sovereign immunity.” Under this principle, governmental bodies are immune from lawsuits by private individuals. However, if a government entity acted highly negligently or recklessly in performing their duties, they can be held liable for accidents. Likewise, if a stretch of road has been deemed unsafe and the agency responsible for it did not take action within a reasonable timeframe to rectify that hazard, they can be liable to the victims.
With a motorcycle accident, the statute of limitation is much shorter than a car accident. Whereas other accidents involving motor vehicles have a limitation of 2 to 5 years, the statutory period for motorcycle claims is less than six months.Read More