Motorcycle drivers face various risks and challenges in their everyday lives. Even a minor accident may cause severe or sometimes life-changing injuries to motorcycle drivers. When an individual loses control while operating a motorcycle, it may also cause severe damage to those around them. Understanding how motorcycle accidents happen and the importance of seeking legal guidance is crucial to maintaining your safety on the road.
Motorcycle Crashes
Roads naturally worsen over time, but government agencies are often responsible for maintaining public roadways in a reasonably safe condition. Certain defects present a much greater hazard for motorcycles than they do for larger vehicles. Examples of this may include:
- Large potholes
- Uneven pavement between traffic lanes
- Raised asphalt or pavement edges
- Missing or damaged roadway markings
- Loose gravel left after road construction
- Cracked pavement
- Sunken utility covers
- Poor drainage causing standing water
- Broken expansion joints on bridges
- Missing guardrails in hazardous locations
While a car may drive over a pothole with little to no damage, the same defect can throw a motorcycle off balance, leading to a severe collision.
Who is Responsible?
Government agencies are generally protected by various forms of governmental immunity. However, California law recognizes circumstances where a public entity may be responsible if a dangerous condition of public property contributes to an injury. A successful claim often requires the following evidence to be presented.
- A dangerous condition existed
- The condition created a reasonably foreseeable risk of injury
- The dangerous condition substantially contributed to the crash
Every situation is unique, and determining liability often requires careful investigation of roadway maintenance records, inspection reports, photographs, witness statements, and other available evidence.
Reasonable Notices
One of the most significant issues in roadway defect cases is whether the city or county knew or should have known about the dangerous condition. Notice may be established through evidence such as the following.
- Prior citizen complaints
- Maintenance requests
- Previous motorcycle or vehicle crashes
- Police reports
- Public works inspection records
- Road repair schedules
For example, if multiple residents previously reported a large pothole and no repairs were made for an extended period, that information may become relevant when evaluating potential liability.
Injuries After an Accident
Motorcycles offer little physical protection during a crash. As a result, roadway defect accidents frequently involve significant injuries, including:
- Traumatic brain injuries
- Spinal cord injuries
- Multiple fractures
- Road rash requiring skin grafts
- Shoulder injuries
- Pelvic fractures
- Internal organ injuries
- Facial trauma
- Permanent scarring
Recovery may involve surgeries, rehabilitation, extended time away from work, and ongoing medical treatment.
Maintaining Evidence and Documentation
Road conditions can change quickly. A pothole may be repaired within days after an accident. Construction crews may repave the roadway, eliminating important evidence before an investigation begins. Helpful evidence may include:
- Photographs of the roadway immediately after the crash
- Video footage
- Helmet camera recordings
- Measurements of the defect
- Witness contact information
- Weather conditions
- Police reports
- Motorcycle damage documentation
Prompt documentation can help preserve information that may later become unavailable.
Deadlines and Limitations
Claims involving cities, counties, and other public entities are not handled the same way as ordinary personal injury claims. California law generally requires an administrative government claim to be presented before a lawsuit can proceed. These deadlines are often significantly shorter than the standard statute of limitations that applies to many personal injury matters. In addition, missing an applicable deadline may affect a person's ability to pursue a claim.
What Causes a Motorcycle Crash
Many motorcycle accidents involve more than one contributing factor. For example:
- A driver changes lanes while a rider attempts to avoid a pothole
- Construction equipment leaves loose gravel in an active traffic lane
- Poor roadway lighting makes a pavement defect difficult to see
- A defective traffic signal contributes to a dangerous intersection collision
When multiple parties may have contributed to an accident, an investigation may consider the overall behavior of drivers, contractors, construction companies, utility providers, or public agencies, depending on the facts.
Speaking to a Legal Professional
After a motorcycle accident, it may be beneficial to speak with a legal professional who can explain applicable California laws and help you understand your rights throughout your personal injury case. In addition, a legal professional may review the facts of your case, speak with insurance companies, preserve the necessary evidence, and identify potentially liable parties.
KAASS LAW: Legal Help
Motorcycle accidents often cause severe challenges and complications for victims and their families. Oftentimes, individuals are unaware of the necessary steps to take to work towards recovery after suffering injuries in a motorcycle collision. This is where KAASS LAW comes in. Our skilled personal injury attorneys are determined to help victims who have been involved in a motorcycle crash understand their rights throughout the claims process. If you have experienced the aftermath of this type of accident, you are not alone. Call KAASS LAW today to discuss your potential options.