Do potholes cause accidents? They can if roads are unmaintained and potholes are negligently left unattended motorists can cause significant damage to their vehicles. In the case of motorcyclists, where there isn’t the protective shielding of a standard vehicle, hitting a pothole can have catastrophic consequences. This Frequently results in severe injury or even death. If you or a loved one has been injured on a motorcycle after hitting a pothole on I-95 or anywhere in Pennsylvania or New Jersey, contact Philadelphia motorcycle accident lawyer Edith Pearce as soon as possible after the crash for a free and confidential consultation. Attorney Edith Pearce has extensive experience working with all types of accidents throughout both Pennsylvania and New Jersey. She will let you know all of your legal options.
Who Is To Blame After A Pothole Accident?
Motorcyclists have very little time to react in the event they approach a pothole. Even if they can swerve sometimes it simply isn’t safe to do so. There are many reasons why a motorcyclist might end up in an accident due to a pothole.
Types of pothole issues that can cause motor accidents include:
- The pothole is filled with water and not noticeable
- The pothole’s placement is hard to see due to the road’s incline
- The pothole is deeper than it appears
- The pothole cannot be avoided for the safety of the other vehicles or pedestrians in close proximity
Proving fault after an accident involving a pothole is an extremely complicated process and most authorities are going to deny responsibility. In many cases, they will actually try to blame YOU for the crash. However, very often roads have been negligently maintained. If a government entity knew or should have known about a road defect, they may be completely responsible for any injuries caused by the defect. The key in these cases is proving the governmental entity had notice of the defect or pothole and we have been very successful with different techniques and investigations we have used to prove this. It is their obligation to make sure the roads you travel on are safe. If you feel a pothole caused you or your loved one’s accident, it is time to seek advice from an experienced pothole accident lawyer who understands how claims against government entities work.
Road responsibility can be split between local, state, and federal government agencies. Sometimes contractors are even responsible. In many cases, there could be multiple responsible parties. Since the government creates the rules, getting them to pay damages can be very challenging. At The Pearce Law Firm, we have the expertise required to successfully recover damages in these types of cases.
How Quickly Do You Need To Pursue Legal Action After A Pothole Related Accident?
It is very difficult to pursue legal options if you’re in the hospital injured, or if you are helping a loved one with medical and financial issues. Or even possibly grieving and making funeral preparations. However, victims of negligently maintained roads have a very short window of time to file their claims and give notice. If a mistake is made when giving notice and filing the claim all chances of recovering compensation may be lost. For example, you only have 180 days to provide notice to the Department of Transportation if you plan on filing injury claims against PennDOT. Legal action is also important to pursue right away before evidence disappears and the pothole is quite literally covered up.
Recent Cases Involving Motorcycles and Potholes
R. v. City of Newark – A New Jersey man was awarded a sum of $2,696,497.90 for medical expenses and pain and suffering that occurred when he was riding his motorcycle and slid on gravel while attempting to brake. He fell into an unrepaired pothole, resulting in a comminuted fracture of his left leg. The city had been aware of the pothole; but at the time of the incident had done nothing to repair it.
R. v. Vinson And Fenton Welding Transport, LLC – a Pennsylvania man who was riding his motorcycle is seeking damages for injuries sustained when he collided with a tri-axle truck on Route 220. When the truck suddenly changed lanes while the plaintiff was attempting to pass the man, he was unable to get out of the way due to large potholes present at the nearest turnoff.
Contact an experienced injury lawyer
Motorcycles and potholes just don’t mix. If you live in Pennsylvania and you or a loved one have been injured due to the negligence of an existing unrepaired pothole; whether you were riding a motorcycle or not, contact us, your top pothole accident attorney, right away. At The Pearce Law Firm, we will only advise you of the options which are in your best interest. If needed and retained, we will hold every responsible party accountable for their negligence.