A Painful Bump In The Road: How Road Conditions Affect Your Motorcycle Accident Lawsuit

5 September 2015
 Categories: Law, Blog

Although motorcycle riders are always very careful about where and when they drive, they cannot always be prepared for road conditions. If you have recently experienced a motorcycle accident because the roads you were riding on suddenly turned ugly, you may have a valid reason to sue. Here is what a motorcycle accident attorney may want to know before taking your case and how the road conditions can affect your lawsuit.

The Lighting Involved

One of the first things a lawyer may want to know concerns the amount and type of lighting at the scene of your accident. This may seem like an odd question, especially if you ride at night all the time. However, when there is bad lighting or no lighting at all, combined with bad roads in need of repair, it makes a big difference in your lawsuit. 

The Frequency of the Road Traveled

If you have never before traveled the road on which your accident occurred, you can hardly be held liable for your accident (beyond the usual liability of any accident). Prior experience with the stretch of road in question means that you already knew it was bad, and not avoiding it or going another way makes your case weak. Your lawyer will probably want to visit the scene and stretch of road to see how bad it is and visit it at the time of day that simulates your accident time to ascertain the level of danger involved with traveling on this stretch of road.

The Actual Condition of the Road and History of Repairs

If the road had a particularly bad patch and this is where you lost control of your motorcycle, then your lawyer will want to review the bumps and potholes as well as the history of repairs made to this road. If the state was negligent in making the necessary repairs to this road, and negligent in providing proper lighting so that drivers and riders could avoid the rough spots, then you may have a case and can sue the state for your injuries.

Your motorcycle accident attorney has to prove that:

  • You were unfamiliar with the problems that existed on this road
  • The road is extremely dangerous for motorcycles
  • The state is quite negligent in its duties to repair the road and/or provide proper lighting

If all of these conditions are met, then you may have a winning case. Restitution is often in the form of paid medical bills, paid repairs to your bike, and payment for lost wages because you have had to have surgery or physical therapy. Contact an attorney, like those at Hinkle Law Offices, to discuss your case.