Motorcycles are highly maneuverable and responsive, which is why bikers enjoy riding and why roadway defects can be particularly dangerous. Running into poorly maintained asphalt, a slick surface or a foreign object can send even the most skilled biker out of control.
You are right to expect the roadway to be safe, and you may have a cause of action if you were injured because of a design defect or foreign object in the road. Hirsch & Lyon Accident Law P.L.L.C. can help you recover the damages you are entitled to. Our founding partner has decades of law and riding experience, which gives us important insight into the practical aspects of a bike crash in addition to the legal strategies for recovery.
Common Road Design and Defects
Municipalities have a duty to keep the roads safe, not just for motorists but also for motorcyclists. Defects that might not cause a car to wreck can be catastrophic to a biker, including:
- Potholes and cracked asphalt
- Oil spills on the road surface
- Improper signage and warnings
- Broken traffic signal or downed sign
- Inadequate lighting
- Road debris and foreign objects
The onus is on the city to keep roads safe, not on you to choose a different vehicle.
Filing an Injury Claim Against a Municipality
The relevant department of transportation is responsible for maintaining its roads, including immediately responding to reports of problems, regularly inspecting the roads for hazards, making appropriate repairs and warning drivers until repairs can be made. Even if the municipality did not create the dangerous condition, it may be liable for not protecting you. Depending on which road your accident occurred, the city, county, state or federal government might be liable.
Establishing Knowledge of the Defect
Did the agency know about the defect? This is a crucial question for winning your claim. To prove that the city had notice prior to your accident, our lawyers review complaint logs, police reports, prior injury claims, agency statements and even newsfeeds that show the long-term existence of a defect. Once we establish the city knew or should have known about the defect, we demonstrate that the city did not take appropriate action to repair the problem or to warn you of its existence.
Procedures for Government Claims are Complex
You must follow the very strict procedure throughout the process or risk losing your claim on a technicality. Our lawyers are familiar with the laws and processes for recovering damages from the city or state.
The first step to hold a municipality liable is filing and to serve a notice of claim on the proper statutorily designated party. Sound complicated? It is. You have only a short window to do so, and if you miss that deadline, you waive your right to collect compensation from the municipal agency. Therefore, we urge you to schedule a consultation as soon as possible to allow us to file and serve timely notice and to engage in immediate investigation of your claim.
Recover from the City for Damages Caused by Roadway Defects
Pursuing the city for injuries and damages to your bike requires knowledge and determination. Hirsch & Lyon Accident Law can help you recover damages from Bullhead City, Phoenix or other Arizona municipality that failed to maintain and repair its roads. Call our Bullhead City motorcycle crash lawyers at 928-716-1331 for a free consultation to learn more about your rights and options.