Motorcycle riding, especially through the many breathtaking vistas of Los Angeles County, is an exhilarating experience. The thrill of the ride, the wind in your face, and the freedom of the open road make it an adventure like no other. However, it's important to remember that motorcycles, while thrilling, are inherently less stable and less protected than cars.
Motorcycles are nimbler, and it is easier to avoid obstacles that you can see – but a problem with the road that a four-wheeled vehicle would be able just to ignore can be extremely hazardous to a motorcycle. On top of that, as every rider knows, motorcycle accidents are inherently more dangerous than car accidents.
Motorcycles have no enclosure type of protection, and low stability and visibility issues result in a fatal accident 25 times more often than an auto-related death. Distracted or intoxicated drivers cause many motorcycle accidents, but they can also occur from riding on the wrong road.
If you believe your accident was caused by a road defect in Los Angeles County, call the police to file a report. If a road defect caused your motorcycle accident, there is potential for compensation for your damages and injuries. It's important to ensure the police officer observes the defect in the road and includes it in their report.
Additionally, taking pictures of the defective road condition from different angles can further strengthen your case. Call our Los Angeles personal injury law firm to review your case to determine legal options.
What are Road Defects?
Road defects can take many different forms. Most people immediately think of a badly maintained road with cracks or potholes. However, many other types of road defects can lead to accidents. Motorcycles, perhaps more than cars, rely on well-painted roads, which mark safe and unsafe areas to drive on. If the lines on the road are not well-maintained, that can cause accidents.
Roads can also be built defectively, using defective materials, or not according to plans, leading to problems with the road surface that can cause an accident.
Roads can be poorly planned, built to limit visibility, or include badly placed banks or curves. These can be extreme hazards for even the most careful motorcyclist. Some other examples of road defects that can be extremely dangerous for motorcyclists include the following:
- Inadequate drainage
- Overgrown vegetation
- Unmarked hazards
- Inadequate signage
- Shoulder drop-offs
- Missing guardrails
- Uneven pavement
- Poorly visible crosswalk
- Subpar materials used in construction
- Poor road design
- Improper maintenance
- Potholes or seams in the pavement
Who Is Responsible for Defective Roadways?
The location of the accident may determine who is liable. For example, several different government bodies may be responsible for a motorcycle accident caused by a defective roadway. If you were riding your motorcycle on the federal highway system, the federal government and the independent contractors hired to handle the design and construction could be held liable for your damages.
If you were riding on a local or state road, Caltrans or the local city municipality might be responsible for constructing and maintaining the roadway. There's a legal concept called 'sovereign immunity' that generally prevents citizens from suing a government entity. However, there are exceptions to this rule, especially when a government body has been extremely negligent.
If your injury attorney can prove that the government entity knew about a severe road defect and had a reasonable amount of time to repair it, then you may be able to file a claim for damages. For instance, if a pothole was reported and not fixed for an extended period, this could be considered 'extreme negligence '.
Every motorcycle caused by a road defect in LA County has its own set of unique facts and circumstances. Therefore, you should consult with a lawyer at our law firm to examine the details closely and determine potential legal options for recovering financial compensation.
Suing a Public Agency
When it comes to suing a public agency for a road defect, you'll need to navigate the California Tort Claims Act. This law provides circumstances where the state can be sued, but it also adds a whole maze of problems, deadlines, and requirements.
One major complication in recovering damages from an accident caused by a road defect is that the defendant will be a government entity rather than a private party, unlike most liability suits. Under most circumstances, citizens can't sue a state.
However, the California Tort Claims Act provides circumstances where the state can be sued; unsurprisingly, this law adds a whole maze of problems, deadlines, and requirements.
You will need first to file an administrative claim with the agency responsible (which, of course, requires that you know what agency IS responsible!), and if that is not accepted, you will have the ability to file a suit in court. With many regulations and requirements and one misstep potentially causing you to lose your right to file a claim, having an attorney familiar with filing tort claims suits can be critically helpful.
Motorcycle Crashes Caused by Road Defects Can Result in Serious Injuries
Motorcyclists are the most exposed motorists on the road, and they can be seriously hurt when they are involved in accidents. Many motorcycle accident victims sustain injuries that will affect them for years or even decades, and some are even left with disabilities that prevent them from living independently or working.
Some of the more severe injuries that motorcyclists can sustain in accidents caused by road defects include the following:
- Spinal cord injuries
- Traumatic brain injuries
- Crush injuries
- Accidental amputations
- Facial fractures
- Serious soft tissue injuries
- Concussions
How Much is Your Case Worth?
Many people who are hurt in accidents caused by poorly designed or maintained roads want to know how much they will recover. Each case is different, and many factors will determine how much compensation you ultimately obtain, including the following:
- Whether you were partially at fault for your accident
- The severity of your injuries
- Your occupation
- Your prognosis
When you meet with one of our Los Angeles motorcycle accident lawyers, we will evaluate your case and let you know how much you may expect to recover.
If you have been injured, hire an attorney with the experience necessary to have peace of mind. The personal injury attorneys at Injury Justice Law Firm understand how to handle complicated tort claims cases and can make sure you're taken care of during this difficult time.
