Jun 3, 2013

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Road Defects that Cause Motorcycle Accidents

Being in a car accident can lead to serious damages and injuries, so imagine driving a motorcycle, a two-wheeled vehicle, and being injured while riding? With so little protection, you can be sure your injuries can be a lot worse. A motorcycle accident can be devastating to the rider, especially when he is driving safely but still had an accident. Poor road condition is often the main reasons for motorcycle accidents, simply because these factors are out of the rider’s control.

Among the most common causes of a motorcycle accident due to road defects are overbanding, potholes, and sunken drains. These can make the rider lose control of the motorcycle, causing them to skid off the road and hit someone or something on the way. In any of these cases, it should be established that there is fault and negligence in the part of the state or government. Because of the statutory duty of the state to take care of the roads and ensure the welfare of the people, if they have been proven to have failed in upholding this duty in the roads they can be held liable for a lawsuit. In order to win a case against the state, though, you must need to make sure:

  1. It is a public road, used by almost everyone.
  2. The issue or road defect is unjust and triable.
  3. The state is aware of the road defect for some time and has not acted to repair it.

Because of limited body protection, most riders are very careful while they are on their bikes. Driver error is not always the reason for a motorcycle accident. Once the rider has lost control of their vehicle due to road defects, they can get compensation through the help on a reliable personal injury lawyer. Having proper legal help strengthens the chance of winning compensation to cover for the damages and injuries that you have suffered because of the accident.

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