Claiming Compensation for a Motorcycle Accident Caused by a Pothole
Potholes are dangerous for every road user, but they are even riskier for bikers. Neglected and damaged roads cause motorcycle drivers to lose control of their bikes, fall off their bikes, or even collide with other road users altogether.
When avoiding potholes, bikers put themselves at risk. Should you have an accident as a result of a pothole on the road, then you may have a claim to file. The following is a guide taking you through the concept of what such a claim may entail.
Who to Claim Against
In nearly all states, the local council must ensure all their constituency’s pavements and roads are properly maintained. This duty directly implies their responsibility to maintain a defect-free highway for the road users to travel on since potholes cause motorcycle wrecks.
Major roads and motorways are, in most states, the responsibility and duty of the Highways Agency. Both authorities are also tasked with checking and ensuring all potential hazards are identified and repaired within a reasonable amount of time. The local council defines the time frames that constitute a reasonable amount of time, along with the road’s grade, based on its essence and importance in their area.
If you suffered an injury while riding due to an unmaintained road, then you may bring a claim against your Highways Agency or local council since your injury was a result of their failure to perform the duty to maintain roads.
How to Make Your Claim
The first step to having a claim in a pothole accident is establishing the local authority was indeed negligent in its duty to keep the roads free of defects. To do so, you need to contact a motorcycle accident attorney as soon as you can after the accident. The most detailed pieces of evidence are those collected closest to when the incident occurred. Every state has a statute of limitations that defines the time you have to file a claim; an attorney will know this. If you contact a motorcycle accident attorney Orange County, for example, then they would be able to tell you all about insurance and accident law pertaining to California. But this might not work if you’re in Arizona or Pheonix, so if you’re traveling cross country or something like that, you should decide on a lawyer accordingly.
Write essential information regarding your case. You can start with the exact location the accident took place, which will guide the attorney on who you are claiming against. If there were any witnesses, get their names and record of events from them. Take photographs of the pothole and any other road defect and get a photo with a credible date stamp. Your lawyer will use those pieces of evidence as the foundation of your claim.
How Long Does This Type of Claim Take?
Every single case is different, and the procedures to be followed are also different. If the local authorities immediately admit liability, then your claim will move a lot quicker. Your attorney presents your medical reports, property damage valuation, and all other losses associated with the incident. If they do not accept liability, your lawyers will take the necessary steps to prove their negligent action caused your motorcycle accident.
Seek Compensation for Your Motorcycle Accident
Potholes can cause devastating accidents when they cause bikers to lose control after running into them or trying to evade a pothole and eventually fall off their bikes and suffer injury. If you have suffered such an accident, remember you can claim for compensation.A lawyer will calculate your pain and suffering, medical expenses, property damage, lost income, and out-of-pocket expenses and set up a claim for you. The most important thing to remember is how crucial being timely is. Not just to meet the statute of limitations but also to allow your attorney to collect the evidence in its earliest and freshest forms.
