Who Is At Fault When A Motorcycle Accident Is Caused By A Pothole?

When involved in a motorcycle accident, you are more likely to sustain serious or fatal injuries since the motorcycle lacks the surrounding protective structure that other vehicles have. The fatality rate of motorcyclists in vehicle accidents is 28 times higher than passengers in a car. Also, motorcyclists are six times more likely to suffer severe injuries. Several factors contribute to motorcycle accidents, such as distracted or drunk drivers, reckless speeding, adverse weather, low visibility, obstacles on the road, and potholes. Although motorcycle accidents can result from any of these factors, Edmonton motorcycle accident lawyer. Michael Hoosein says that bad road conditions are one of the most common causes of motorcycle accidents.”

This Is How Driving Through DEEP POTHOLES Destroys You Car 1

What comes under the bad road conditions?

Motorcyclists are far more likely to get injured from poor maintenance of the roads than from other vehicles. The bad road conditions include- 



  •  Defective or missing traffic lights
  • Potholes
  • Absence of guardrails
  • Inadequately positioned or damaged safety barriers.
  • No/Dim Lighting
  • Sand/Gravel
  • Debris like fallen branches
  • No rumble strips on highways
  • Improper traffic enforcement in work zones
  • Painted lines that are no longer visible
  • Obstruction caused by telephone poles or other objects

Who is responsible when the motorcycle accident is caused by bad road conditions?

Most of the time, it is the duty of the state, city, and federal governments to maintain roads regularly. Suppose you were hurt because of a pothole. In that case, you might be entitled to sue the municipality in control of that section of road, especially if they knew about the pothole and did nothing to fix it within a reasonable amount of time.

The other party at fault is the maintenance team hired to construct government roads. They might operate carelessly by failing to properly label construction zones or placing diversion barrels that lead motorcycles into danger, or leaving construction equipment or debris on the road.

Additionally, there can be other parties involved too. Suppose the motorcycle accident was caused as a result of a wooden beam or an object that accidentally slipped out of the truck in the middle of the road. In that case, you are entitled to sue the trucking company.

Also, if there was any major construction going on the road of which the debris was left and no warning sign was placed, the construction company can be sued in the event of a motorcycle accident.

Actions to Take at the Scene

Do not try to run away from the accident site. Try to remain calm and pull over to take account of your injuries and see if anyone else is wounded. Dial 911. If you can, take pictures of the accident scene and gather the names of witnesses. You must follow medical recommendations once an ambulance arrives on the site. 

How to Handle a Motorcycle Accident Caused by a Pothole?

It can be challenging to determine who was at fault in an accident caused by a pothole or a bad road condition. It is important to prove how a particular pothole caused an accident and can be done by stating these reasons-

  • The pothole was hardly noticeable because it was filled with water and the pothole is bigger than it appears.
  • The location of the pothole is difficult to see due to the elevation of the road.

A motorcycle accident lawyer has the best resources and knowledge to understand the exact cause of your accident and prove it in court. How do they do that?

  • By gathering evidence at the scene.
  • By looking into the records of any past accidents in the same location.
  • By checking into the similar cases.
  • Noting the location of the pothole/bad road condition.

With this information, they can frame a series of events that led to your crash. After determining the at-fault party, the next step is holding them accountable and demanding compensation. If a fair settlement cannot be reached between the 2 parties, a motorcycle accident lawyer can help you in bringing legal action against the person or entity who caused the pothole.