What If a Road Hazard Caused Your Motorcycle Crash in Minnesota?
Road defects are an unavoidable part of life. This is especially true in Minnesota, where our weather puts the roads through grueling snow, ice, rapid temperature changes, and other conditions that weaken the road and leave it vulnerable to defects. Many defects are barely noticed by most road users; for a driver, a crack in the pavement is nothing more than an annoying bump.
That isn’t the case for motorcyclists, though. The bumps and divots that irritate drivers can be deadly for motorcyclists. If you’ve been hurt in a motorcycle accident in Minnesota, make sure you have the legal representation you need. Call Bradshaw & Bryant today.
How road hazards lead to motorcycle crashes
Motorcycles react far differently to road hazards than other types of vehicles. A vehicle with four wheels can roll right over debris, cracks, and uneven surfaces without any real consequences. A motorcycle lacks the extra balance that these vehicles provide, and even a slight change in the road can cause a rider to lose control. In the best case scenario, the motorcyclist recovers quickly without falling. In the worst case scenario, they crash and suffer significant injuries.
There are many types of road hazards that can lead to motorcycle accidents. Some of the most common ones you’ll see in Minnesota include:
- Potholes and broken pavement
- Loose gravel and debris
- Cracked and uneven road surfaces
- Standing water or ice from poor drainage
- Slick surfaces caused by roadwork
- Missing reflective markers and guardrails
Consider the strong jolt that a driver has when they go over a particularly deep pothole. That bump can feel harsh even with all the extra stability that a four-wheel vehicle provides. A motorcyclist trying to take on the same challenge would almost certainly crash.
Construction zones are especially dangerous for motorcyclists. They’re known for unmarked shoulder drop-offs, equipment and construction debris left in travel lanes, ever-changing signage, and loose construction materials that can be difficult to navigate.
Who is liable for a road hazard crash?
Liability depends largely on the details of your collision and who was responsible for maintaining or managing the roadway. It may also come down to who created the hazard in the first place.
In many cases, government entities are responsible for accidents caused by roadway hazards. Depending on which road we’re talking about, the state of Minnesota, the county the road is in, or the city the road is in may be responsible for maintaining the roads. Government entities have a legal duty to keep roads reasonably safe to prevent accidents. This means identifying and repairing hazards as soon as reasonably possible. They must also take steps to warn drivers of known hazards so they can take appropriate action to avoid them.
In other cases, construction companies and contractors are liable for accidents caused by dangerous road conditions. When construction companies set up a worksite, they have certain obligations to road users and the public in general. They must set up their work area in a way that inhibits the flow of traffic as little as possible, keeps debris out of travel lanes, includes signage and warning to help drivers navigate the site, and keeps equipment out of drivers’ paths. When construction companies maintain a cluttered, messy, or outright dangerous worksite, they may be held liable for any accidents that occur.
Private property owners may be liable for a collision if an accident occurs in a parking lot, commercial entrance, or other area that isn’t maintained by a government entity. Parking lots can quickly fall into disrepair with daily use, and property owners who fail to keep them in safe working order may get sued if someone gets injured.
When poor road conditions become negligence
Before you move forward, it’s important to recognize that not every bad road is a case of negligence. Roads naturally experience wear and tear over time, particularly after a rough Minnesota winter. It’s not reasonable to expect municipalities to immediately repair every road flaw—but they are required to take reasonable steps to keep roads smooth and navigable. Negligence may exist when:
- A hazard was known or reported by a driver but ignored by the municipality
- Responsible party took an abnormally long time to make necessary repairs
- Construction work was unsafe, unmarked, or completely impossible to navigate
- Violations of safety standards or state regulations
- No warnings posted about obvious dangers
Negligence often exists when a party doesn’t take reasonable steps to ensure others’ safety and prevent harm. If you’re unsure whether or not your case fits the bill, talking to a motorcycle accident attorney is your next step.
Claims against government entities in Minnesota
If your injuries are the result of the government failing to maintain a road, you may have a claim against the government. Taking legal action against a negligent government entity is very different from suing a private party, and you should start the process as quickly as possible. The timeline moves quickly and you don’t want to risk losing your right to sue.
To start the process, you’ll need to file a notice of claim with the government. There is no official form, but the notice must describe the time, place, and circumstances of the injury and the amount of compensation claimed. Working with an attorney at this stage can help you include all necessary information in your notice. You generally have 180 days to provide that notice.
The government then has a chance to review the claim and decide to either offer you compensation or reject the claim. If your claim is rejected, you will need to sue them. In either case, it’s highly recommended that you work with an attorney who’s experienced in filing claims against the government.
Start your motorcycle accident claim with Bradshaw & Bryant
If you were injured in a motorcycle accident caused by a poorly maintained road, you could have a valid injury claim. Let’s talk about your options. Contact us online or call us now.