A traffic collision can result in serious injuries or death. Substantial damage might be inflicted on a motorbike and its rider if roads are not well maintained and potholes are left untreated.
According to Henningsen Injury Attorneys, if you were in a motorcycle accident caused by a pothole, you can still be entitled to compensation.
Types of Road Hazards
Before diving into the issue of who is to blame in the event of a road maintenance accident, it is important to know that melting ice and snow can have other dangerous consequences that might result in poor road conditions.
- Potholes – Potholes can form during the winter as water seeps into cracks and freezes, eventually creating large holes in the spring.
- Puddles – Rain collects in potholes that look like puddles. Motorcyclists might drive over them, thinking that they are shallower than they are.
- Sand and Gravel – Loose dirt and gravel can be blown onto the road, making the road surface slippery and dangerous.
- Road debris – A motorcyclist might be injured by fallen tree branches, roadkill, garbage, or other types of debris.
Different Types of Risks
Potholes cause vehicle accidents for various reasons, including the following:
- The pothole is full of water and is hardly visible.
- Because of the road’s elevation, the pothole’s location is difficult to notice.
- The hole is larger than it seems.
- The pothole is difficult to avoid without endangering others.
Who is Responsible for Road Maintenance?
Motorcycles are far more vulnerable to the dangers of poor road maintenance than four-wheeled vehicles. Any flaw in a road may cause a bike to tip, slide, or roll far more readily than other vehicles. If a car or truck swerves to avoid a road hazard, it can collide with a bike.
The federal, state, and municipal governments are responsible for securely planning, building, and maintaining highways. However, determining who controls what section of those roadways and holding them accountable may be difficult since the government sets regulations to protect itself and minimize its liability.
The Atlanta Department of Transportation (ATLDOT) is in charge of cross-street underpass lighting at interchanges with on-off ramps. In contrast, local governments control cross-street underpass lighting where there are no on-off interchange ramps.
Furthermore, employees hired to build or repair government roads may be the ones to blame if they fail to correctly block off construction zones, place detour signs to redirect motorists, or leave construction equipment on the road.
Who is at Fault When Potholes Cause Motorcycle Accidents?
In most situations, it is the responsibility of the state, local, or federal governments to maintain and repair the roads regularly. You might file a claim against the municipal authority in charge of that section of the roadway if you were harmed, especially if they were aware of the dangerous condition and did not fix it or warn motorists about it.
If you were harmed by road debris, there might be several parties to blame. If you hit a piece of construction equipment, you can file a claim against the construction company that owns it.
The crucial thing to remember is that potholes are a preventable cause of motorcycle accidents, not merely another danger of riding a bike. When they cause significant injuries, you are entitled to compensation.
How to Deal with a Pothole Motorcycle Accident?
After an accident involving a pothole, proving fault can be difficult.
A motorcycle accident attorney in Atlanta will know how to investigate your accident to determine what caused you to lose control. They can put together the sequence of events that led to your collision by gathering evidence at the site, noting the location of the pothole, discovering who is at fault, and more. The next stage will be to hold the at-fault party accountable and demand compensation. If fair compensation cannot be obtained out of court, a motorcycle accident attorney will help you file a lawsuit against the party responsible for creating the pothole.