Who's to Blame when a Pothole Causes a Motorcycle Crash?

  • For anyone that has ever ridden a motorcycle, it becomes immediately clear that potholes are a hazard best avoided.

    In fact, many riders want to know who is to blame when a pothole causes a motorcycle crash. This is a legitimate question because if the rider was not at fault, someone else should pay for the damage done to the bike, medical bills, lost wages, and how the biker suffered because of the crash.

    Unfortunately, there is not always a clear-cut answer. This is why so many riders hire a personal injury attorney to investigate the cause of the crash and file a lawsuit as appropriate.


    The Government Might Be Responsible

    The state, county, or even city could be responsible for road maintenance in your area. Determining which agency is responsible for the road you crashed on requires determining the type of roadway it was, where it was located, and a little investigative research.

    Once the appropriate agency has been identified, an attorney can review their rules and regulations regarding road maintenance.

    Government entities create regulations that govern their own actions. If they fail to abide by them, they can be considered negligent and responsible for injuries people suffer as a result. This means that if they were supposed to fill the pothole within a certain amount of time and did not, for example, it could be their fault that you crashed.


    What Happens Next?

    If a government entity is responsible for causing the motorcycle crash by not filling the pothole, a lawyer will need to become involved. They will need to notify the government that there is a complaint and that a lawsuit is forthcoming. They will need to gather evidence to prove that the government entity was negligent and file a lawsuit in court.

    Then it will be possible to negotiate and recover compensation for your injuries. If they refuse to settle the case, a trial may be scheduled so that a jury can hear evidence from both sides and make a determination regarding fault and compensation.


    Speak with a Personal Injury Attorney

    Anytime you're trying to negotiate with the government or sue them, you need an experienced injury attorney on your side. Otherwise, it will be difficult to collect because of a lack of understanding as it relates to the rules and the difficulty in proving your case. To speak with an experienced attorney at Craig Swapp & Associates, visit our website or call 1-800-404-9000.