When you’re hurt in an accident, one of the first things you want to know is who is responsible. Motorcycle accidents caused by poor road conditions are often traumatic, terrifying experiences for victims and their families.
Denver has a number of laws that pertain to motorcycle riders. For instance, all riders must wear a helmet at all times while operating a motorcycle. Additionally, riders are not allowed to operate a motorcycle while under the influence of alcohol or drugs. The riders who do not follow the law end up causing trouble for others. You can file a claim and get compensated for your losses, but to do that, you need to prove fault, which can be done by Denver motorcycle accident lawyers.
You Can Hold the Municipality Responsible for Negligence
If the road you were riding was poorly maintained and clearly dangerous to use, you may be able to sue the municipality responsible for the road. The municipality has a duty to keep the roads safe and in good condition. If you can demonstrate that the municipality was negligent in maintaining the road and failed to meet this obligation, they can be held responsible for your injuries.
The Road Manufacturer May Be Held Responsible
A big part of the road conditions of any given area is the quality of the roads themselves. A road can be in perfect condition but be dangerous because of its design. For example, if a road is too wide for the traffic it gets or has other design flaws, the city or county could be considered responsible for your crash. But if the road design is fine, but the asphalt itself was bad and caused your crash, you may be able to sue the manufacturer. This can be trickier because most manufacturers use standard building practices for the roads. So, if you can prove that a particular company’s asphalt is always defective, you have a good case.
What Can You Recover After a Crash Caused by Unsafe Road Conditions?
If you were injured in a motorcycle accident caused by bad road conditions, you could recover medical expenses, lost wages, and other damages. The amount depends on the facts of your case, including how badly you were injured, how long it took to recover, and how much you had to spend on medical bills. In any case, the city or county’s insurance company may be responsible for paying these costs. They may also be responsible for compensating you for your damages.
Investigating Factors of the Accident
In most cases, it will be determined that the motorcyclist was responsible for any injuries sustained in an accident caused by poor road conditions. This is often determined by investigating factors such as where the accident occurred, how long it had been since the particular pothole or crack was filled or repaired, and how much time local officials had to repair it before an accident took place.
The law is clear on this issue: If a pothole or other road hazard could have been repaired and wasn’t, then the government entity responsible for that repair must be held liable. However, there are some exceptions to this rule. If an accident occurs on private property—such as a parking lot or driveway—then the property owner would generally be held responsible.
The road conditions you ride on every day can greatly affect your safety. They can be the difference between a safe and exhilarating ride and an accident that leaves you injured or worse. Whether you’re on a motorcycle, in a car, or on a bicycle, you should carefully inspect the roads you travel on for hazards. If you find hazards, report them to the appropriate authorities. And, if you’re ever injured in a motorcycle accident caused by poor road conditions, you can hold the responsible parties liable for your damages by proving negligence.