As a motorcycle rider, you are taking on risk every time you get on the road. Car drivers may not see you and even when they do, they may not yield you the right of way when you have it. You may be dealing with conditions that make driver harder. When you add potential road defects to the list, it can be a dangerous place out there. If you are involved in a motorcycle accident that was the result of road defects, keep reading and then contact Law Offices of Fernando D. Vargas at 909-982-0707 if you are in need of a free legal consultation.
What Qualify as Road Defects?
First, let us discuss what is meant by road defects. They can actually take many forms and though you may immediately imagine cracked roads or roads with potholes, there are many other defects that cause accidents. Motorcycles, even more than cars, need well-painted roads with clear markings. If these markings are not maintained, then an accident can result. In some cases, the road itself was built defectively with poor materials or not following plans.
Roads can also be planned poorly and result in bad vision or dangerous banks or curves. Any of these issues can increase instances of both motorcycle and car accidents. Some road defects are particularly dangerous for motorcycles including missing guardrails, not enough drainage, drop-offs, overgrown vegetation, unmarked hazards, uneven pavement, potholes, poorly visible crosswalks, bad design, improper maintenance, and improper or inadequate signage.
Who is Responsible for Road Defects?
A lot depends on where the roads are location. There are a number of government bodies who may be in charge of any given road, from state to federal to city or municipality. It may be that one of those public entities hired an independent contractor who caused the issues. The bad news is that if the government is at fault, there is something called “sovereign immunity” that, on the surface, prevents a citizen from filing a lawsuit against the government. However, there are exceptions.
The California Tort Claims Act
Under almost all circumstances, as an individual you are not able to sue the state of California. However, the California Tort Claims Act does provide for a few circumstances in which you do have this right. As you may imagine, this is a complex law with many deadlines and requirements. For example, instead of the two year statute of limitations you have when the defendant is a private company or business, this Act allows just six months to notify the state that you have a claim against them.
This can be a complicated process that you should not attempt on your own. In many cases, it may make more sense to pursue a claim against another entity. If you have been injured in a motorcycle accident and you want to know what your options are, then we strongly suggest you contact Law Offices of Fernando D. Vargas at 909-982-0707 for a free legal consultation.
