Written on Sep 13, 2019 3:20:28 PM
Who's To Blame If I Crash My Motorcycle Because of a Bad Road?
Topics: motorcycle accident
It’s not uncommon in Florida to travel on damaged or weather-worn roads. Oftentimes, these bad roads aren’t addressed until someone is affected, and, unfortunately, most of the hazards present can lead to serious motorcycle crashes.
In the case of a no-contact accident, it can be unclear who’s to blame, but unsafe roads are often the culprits. If you’ve been injured as a result of a motorcycle accident caused by a bad road, you can pursue a personal injury claim against the government entity in charge of maintaining that road. Under the Florida Tort Claims Act (FTCA), sovereign immunity is waived, giving you the right to file a lawsuit against the Florida government entity responsible for keeping roads safe.
What Counts as a Bad Road?
To validate your claim that your accident was caused by an unsafe road, you’ll need to provide evidence that there were damage or hazardous conditions present at the time of the motorcycle crash. But qualifies as a bad road in the government’s eyes? Here are the most common types of bad roads:
Construction zones are a pretty common area for auto accidents to occur, and particularly motorcycle accidents. There’s an increase in collision risk when construction workers don’t follow approved plans, use old materials, or practice poor workmanship. Misplaced cones, equipment, and signs can also cause a motorcycle crash.
Poorly Designed Roads
Not all roads are made equal. The age of the road, the area’s development, and funding can all prevent roads from being resurfaced or redesigned. Design flaws like hard curves, missing traffic signs, irregular bumps or drop-offs, and poor drainage can all contribute to an accident.
Uneven or Damaged Roads
Potholes are one of the leading causes of no-contact motorcycle accidents in Florida. Hitting a deep rut or uneven surface can throw a rider off of their bike, leading to severe injuries or fatalities. It’s the job of local governments to maintain public roads and keep them free of loose gravel, spilled substances, and cracks in the surface.
How to Gather Evidence for Your Claim
Once an auto accident occurs because of a bad road, not much time passes before the hazard is removed or repaired. You must document the road’s condition before this occurs so that your claim has strength to it.
If first responders were called due to the motorcycle crash, ask for access to any reports related to the accident. Take photos of the unsafe road, focusing on the source of the accident, so that there is later evidence in case the issue is resolved before you can pursue legal action.
The more compelling your evidence, the better your chances of receiving damages and compensation for your injury or losses.
Contact An Experienced Attorney for Assistance
Recovering damages from a government agency can be a difficult, long process. Having a committed attorney on your side to build your case can make all the difference. If you have been injured in a motorcycle crash caused by the conditions of a bad road, then contact us at Lowman Law Firm to have our compassionate lawyers fighting by your side.