November 20, 2017

Poor Road Conditions Can Cause Motorcycle Accidents

Motorcycle Accident Lawyer in PA

Accidents can oftentimes result in severe and catastrophic injuries to motorcycle operators and their passengers. Motorcycle accidents are typically caused by a motor vehicle driver’s negligence, defective or poor road conditions, and other hazards that routinely present themselves on Pennsylvania roadways, including potholes.

If someone else’s negligence—including a defective road condition—caused your motorcycle accident injuries, the knowledgeable and experienced motorcycle accident lawyers at The Levin Firm may assist with your case. Our skilled attorneys can meet to discuss the facts and circumstances of your accident case, negotiate with the insurance company on your behalf or, if necessary, litigate your case through the Pennsylvania court system.

Types of Hazardous Road Conditions that Lead to Motorcycle Accidents

While the list of potential motorcycle accident causes is arguably unlimited, common causes of these accidents include:

  • Negligent drivers who disobey or disregard traffic laws Traffic laws, including red light laws, right-of-way laws, speed limits, and other rules of the road, exist for reasons. When motor vehicle drivers and motorcycle operators disobey or disregard traffic laws, they create potential roadway hazards, often resulting in serious motorcycle accidents and injuries.
  • Hazardous road conditions at construction sites Construction sites are oftentimes accompanied by dangerous road conditions for motorcyclists, such as uneven pavement, grooved pavement, and potholes. When hazardous road conditions are present at a construction site, motorcycle operators and their passengers can easily become dislodged from the motorcycle, strike the ground hard, and sustain serious and catastrophic injuries and damages.
  • Drunk or impaired motor vehicle drivers Drugs and alcohol (even in small amounts) can alter a person’s mindset and perception, making collisions with motorcycles and other vehicles likely. Operating a car or motorcycle while under the influence of drugs or alcohol is a recipe for disaster and can create serious roadway hazards for motorcyclists.
  • Defective road conditions Motorcycle operators must take care to appreciate the road conditions and operate their motorcycles accordingly. Common examples of dangerous road conditions that can lead to serious motorcycle accidents include potholes, sharp curves, and steep hills.
  • Reckless, careless, and negligent motor vehicle drivers A motor vehicle driver creates hazardous road conditions when engaging in reckless, careless, or negligent behaviors. Negligent or careless driving usually consists of speeding, following too closely (that is, tailgating), driving too fast for road or weather conditions, or making abrupt lane changes, usually without signaling.

Potential Defendants in Motorcycle Accident Cases

More than one defendant may face legal liabilities in a motorcycle accident that a roadway hazard or negligent driver caused. First and foremost, motorcycle passengers may sue the motorcycle operator for driving in a negligent manner, such as driving too fast through a construction site or on a roadway filled with potholes. Motorcycle passengers may also sue the driver of another motor vehicle who negligently caused an accident or collision.

In motorcycle accidents involving construction sites and defective road conditions, the injured motorcycle operator or passenger may sue the construction company or responsible government for negligent or defective road repair work or for creating (or failing to properly maintain or correct) a hazardous condition on the roadway. In lawsuits involving governmental entities, such as cities, counties, townships, or municipalities, however, special limitation periods and filing deadlines may apply.

A knowledgeable Philadelphia motorcycle accident lawyer may make claims against all potential defendants and can meet all filing and notice requirements in a timely manner.

Burden of Proving Injuries and Damages

In motorcycle accident cases, the injured plaintiff must demonstrate that the defendant—individual, company, or municipality—did something that a reasonable person or entity would not have done, or failed to do something that a reasonable person would have done. The plaintiff must also show that this breach resulted in personal injuries and damages. Philadelphia’s defective and hazardous roadway conditions can result in serious, and sometimes catastrophic, motorcycle injuries. Common personal injuries sustained in Pennsylvania motorcycle accidents include:

  • Cuts, lacerations, and abrasions
  • Permanent scarring—especially facial scarring
  • Traumatic brain injuries (TBIs), including concussions and comas
  • Paralysis and spinal cord injuries
  • Fractures and broken bones
  • Soft tissue injuries
  • Permanent damages
  • Death

In cases where a motorcycle accident results in a motorcycle operator or passenger’s death, the law may entitle an injured plaintiff’s surviving family members to wrongful death benefits. The purpose of wrongful death benefits is to compensate the injured plaintiff’s surviving family members for mental anguish, emotional distress, and psychological or psychiatric harm associated with the untimely death of their loved one.

In other cases, motorcycle accident victims may recover compensation for their medical bills, lost wages, pain and suffering, inconvenience, mental anguish, and emotional distress, among other damages.

Contact a Philadelphia Motorcycle Accident Lawyer Today to Discuss Your Case

If you or someone you love was injured in a motorcycle accident that resulted from a hazardous or defective roadway condition, the compassionate motorcycle accident attorneys at The Levin Firm may safeguard your legal rights and help obtain the monetary compensation you need and deserve under Pennsylvania law.

Insurance companies sometimes deny liability altogether in Pennsylvania motorcycle accident cases and refuse to pay any damages. Our experienced attorneys have the necessary skill set to combat the insurance company and obtain full and fair compensation for your injuries. If the insurance company denies liability—or refused to reach a fair settlement—our skilled litigators are not afraid to take your case to trial, if necessary.

To schedule a free consultation and case evaluation with a Philadelphia motorcycle accident attorney, please call us today at (215) 825-5183 or contact us online.

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