Let us imagine a scenario most motorcycle riders have experienced: You are riding down the road, enjoying the ride, when you hit poor road conditions. Through no fault of your own, you lose control and are injured in the motorcycle accident. You may have wondered: Who is liable in these cases? Read on to find out and then contact a personal injury attorney by calling Law Offices of Fernando D. Vargas at 909-982-0707.
Why Is This an Issue for Motorcycles?
If you are new to riding then you may not realize that a person on a motorcycle must pay much closer attention to road conditions. Why? Because motorcycles are much more susceptible to them. If there is gravel, uneven pavement, or potholes, a motorcycle rider could lose control of their vehicle. This is true of things that a person driving a car may not even notice.
Examples of Road Conditions That Can Result in Motorcycle Accidents
To better understand the issue, consider some of the most common examples of situations that can cause a motorcycle to lose control and be involved in an accident: Water leaks, broken light posts, uneven sidewalks, cracked cement, damaged road signs, loose grave, metal plate coverings, and more.
Property Owners Have a Legal Duty to Keep Their Property “Reasonably Safe”
California’s premises liability laws require that a property owner or occupant of a property ensures it is in reasonably safe condition. What does “reasonable” mean? It means they are required to maintain the property, inspect the property, make any necessary repairs if dangerous conditions are present, and to give a proper warning if those dangerous conditions cannot be repaired immediately.
This is true even if the owner of the property is the city or another government agency. If the road was a public roadway or public parking lot, the city might be responsible for injuries and damages. In that case, the injured party would need to prove that the city or other government agency controlled the property, that the property was dangerous when the accident occurred, that the danger was the result of a risk that was known or should have been known by the government injury, and that an injury or property damage occurred.
However, a step further must be taken: It must be proven that the dangerous condition caused or made the accident and/or injury worse. Note as well that when the at-fault party is a government agency, you have just six months to file a claim. This is one of the reasons to contact an attorney right away. You can reach Law Offices of Fernando D. Vargas at 909-982-0707 for a free legal consultation.
