What Happens If You Hit A Pothole With A Motorcycle And Injure Yourself?

Posted July 23, 2024 | Personal Injury Blog

It only takes one major pothole to ruin a beautiful ride and potentially cause serious injuries. You could be riding along without another vehicle in sight and suddenly find yourself thrown from your bike. Skidding along the pavement, you risk serious road rash at best and fatal injuries at worst. 

In 2015, a Houston man broke his leg in 3 places, shattered an ankle, and required 3 surgeries after hitting a pothole with his motorcycle. If you have gotten injured in similar circumstances, you may have the right to sue for damages.

A qualified motorcycle accident attorney can help you identify the liable party and understand the damages you could receive. This article will delve into the legal options you may be able to pursue after suffering this kind of injury.

Unique Challenges in Motorcycle Pothole Accidents

In a typical motorcycle accident that was not your fault, you would pursue the other driver for compensation. However, when you hit a pothole and come off your bike without the involvement of another vehicle, identifying the liable party can be more tricky.

State of roadways

While car drivers may only suffer damage to their vehicles, potholes, and other pavement damage are more likely to cause injuries to motorcycle riders. If your injuries were caused by negligence on the part of an individual or entity, you may be able to pursue compensation. 

In Utah, the pavement condition of 4.49 percent of roads was considered poor in 2023. In that same year, according to the Texas Department of Transportation, only 89.69 percent of roads in the state had a ride quality rated good or better. 

On Texas roads, common problems include:

• Asphalt road deep rutting – 15.41 percent

• Asphalt road failures – 2.05 percent

• Concrete road spalled cracks – 12.11 percent

• Concrete road punchouts – 5.75 percent

If failure to properly maintain roads in a safe condition was the cause of your accident, you may be entitled to compensation. The next step is identifying which entity is responsible for maintaining the road where your accident occurred and which state laws apply.

Potentially liable parties in Texas

In Texas, city and state governments are required to maintain highways and keep them from obstacles, including potholes. 

This responsibility includes:

• Repairing damaged roads

• Warning motorists about hazards

• Checking roads to identify unreported hazards

However, Texas law does not allow the Texas Department of Transportation to use state funds for vehicle damage caused by highway conditions. Still, the state government may be liable for personal injuries under certain circumstances. The Texas Tort Claims Act allows you to file a personal injury claim against the state, local, or city government if you got injured due to their negligence.

So don’t quickly conclude that you do not have a case. A motorcycle accident attorney who is well-versed in Texas law can listen to your case and may be able to advise you on potential sources of compensation. 

Potentially liable parties in Utah

Utah state laws distinguish between different types of roads and who is responsible for them. For example:

• Class A roads, also called state roads, are maintained by the Utah Department of Transportation

• Class B roads, also termed county roads, are maintained by the county

• Class C roads, or city streets, are jointly administered and maintained by the Utah Department of Transportation and the municipality

Government agencies and municipalities often outsource road maintenance to third parties, which complicates matters further. If a third party acts negligently, they may also be part of the claim.

It takes the skills and experience of a seasoned motorcycle accident attorney to make sense of these complex laws. With the help of the right law firm, you should be able to identify who you can pursue. 

What to Do After a Motorcycle Pothole Accident

A motorcycle pothole accident may happen when no one is around to help, in which case the priority is getting to safety and finding assistance.

Safety first

Move the motorcycle off the roadway to a safe place if you can. Even if you feel fine, seek medical attention immediately. Doing so could bring to light injuries of which you were unaware. It will also help you link your injuries to your accident.

Call in the cavalry

Next, call the police. They can attend the scene and investigate what happened. If you can, take notes and photos of the scene as well as your injuries. Try to get clear photos of the pothole from various angles to show its width and depth.

Get legal advice

Call a motorcycle accident lawyer who offers a free case evaluation as soon as you feel able. It’s wise to do this before calling the insurance company. 

While insurers are only interested in paying you as little as possible, a personal injury attorney cares about getting you the best possible compensation. When they have taken on your case, motorcycle accident attorneys can handle all communications with the insurance company and other parties on your behalf.

How a Motorcycle Accident Attorney Can Help

Motorcycle accident lawyers understand the unique challenges motorcycle riders may face. They can listen to your story and consider all your legal options. 

Accident investigation

If a motorcycle accident attorney agrees to take on your case, he or she will investigate it from all angles to find the strongest route to compensation.

The lawyer may consider the following:

• The depth and diameter of the pothole

• Police accident report

• Government inspection or maintenance documents related to the site

• Complaints about the pothole from the public

Calculate a fair settlement

A Texas motorcycle accident attorney will also gather evidence of your losses, which may include:

• Financial losses – Such as medical expenses, lost wages, and damage to your motorcycle and other property

• Future expenses – Including further surgeries, medication, caretaker expenses, and loss of future earnings if your accident injuries are serious

• Non-economic losses – Including pain and suffering, disfigurement, and loss of enjoyment of life

A motorcycle accident attorney can use this information to calculate a fair settlement for your losses. He or she will then prepare a demand letter.

Negotiate or represent you in court

Most personal injury cases can be settled without going to court. However, if it’s impossible to agree on a settlement that reflects the true extent of your losses, a motorcycle accident attorney can represent you in court. The damages award will be decided by a judge or jury.

Let Fielding Law Defend Your Rights

The thought of taking on the city, county, or state government after a motorcycle pothole accident could be overwhelming. That’s why you need to choose a law firm with a track record of tenaciously going to bat for its clients. One that never backs down and is not afraid to take on complex and challenging cases.

At Fielding Law, our focus is always on helping you. Our client testimonials show that we go above and beyond for those we represent. If we take on your case, we will leave no stone unturned in our quest for justice.

Contact our motorcycle attorneys today for a free case evaluation. Call (877) 880-4090 or reach out online and take the first step on your way to fair compensation.