Roadway Defects
Governmental agencies can be held liable for roadway defects if the roadway construction, condition or design is not compatible with safe operation of a motorcycle. Even failure to install lighting or traffic controls can give rise to liability in certain cases, contrary to some "Expert Attorney" websites. Governmental immunity does not mean in all cases that you have no rights, but says only that if the governmental agency acted reasonably under the statutorily stated circumstances, and absent any other factors to consider, it will not be held liable for the accident.
Turn banking, elevated roadway edges, poor lighting and construction or lack of maintenance can be the basis of a claim for liability. However, it is imperative that we are consulted immediately about such defects. Many times, the defect in the road is repaired, the design changed or the defect altered due to a reported accident. failure to preserve this evidence severely limits our ability to present such a claim. Also note that there are extremely limited time frames for filing a government claim after an accident, many times as short as 6 months after the accident. Therefore you must consult an attorney immediately for such claims.
If you were involved in an accident arising from a roadway defect, contact us immediately for a free consultation to assist you in your claim. Call us at 1-888-752-7474 or contact us online.