The weather was perfect for motorcycle riding on March 8th in Music City,
USA. Indeed, many bikers were riding on what turned out to be a fateful
day for one motorcyclist. Heading down the parkway, a motorcyclist struck
a pothole, which caused him to careen into a passing vehicle. The rider
was then thrown from his bike and collided with a guardrail. Regrettably,
the motorcyclist died at the scene.
Another biker at the accident scene also crashed his motorcycle in an attempt
to avoid the initial collision. It is astonishing how one pothole led
to a single accident that involved two motorcycles and a car and caused
serious injuries and death to bikers. It was certainly a bad day in Nashville.
Our Poughkeepsie, New York motorcycle accident attorneys send sincere condolences out to the friends and family of the decedent.
Unfortunately, too many bikers have experienced losing control of their
bike due to striking potholes. It happens regularly during the motorcycle-riding
season in the Mid-Hudson Valley region of New York.
Some form of governmental entity is responsible for roadway maintenance.
The City of Poughkeepsie is responsible for roads within the City’s
lines. But the thruway is maintained by the New York State Thruway Authority.
Other roadways may be maintained by the New York State Department of Transportation.
Given the vast network of roadways in the region, it is almost impossible
for governmental agencies to discover every pothole that exists on the
roadway. The law does not expect the government to seek out and discover potholes.
The law does require the roadway to be maintained in a manner that keeps
the road reasonably safe for motorcyclists. In regards to pothole repair,
the government must have known about the pothole before they have liability
for the hazard. Once the government knows about the pothole, they must
be allowed a reasonable amount of time to be able to fix it.
If a pothole causes a
motorcycle accident, and the government knew about the hazard and had a reasonable amount
of time to fix the hazard, the government may be liable. The government
has a duty to keep the roadway safe by fixing potholes. Breaching this
duty is a matter of negligence. When can the government be liable for
this type of negligence?
If the pothole actually caused a
motorcycle accident that led to personal, physical injury, the victim can sue the government
so that he/she is compensated for his/her damages. If the rider is killed
in the accident, his/her relatives and personal representative can sue
the government. The same rules apply for all types of road defects.
Learn more about injuries caused by winter damage such as potholes and
cracked sidewalks in
our latest article posted here. Read about car accidents caused by potholes in
our recent blog posted here.
Our personal injury attorneys at
Mainetti, Mainetti, and O’Connor, P.C. have over 100 years of combined experience working with victims of personal
injury accidents throughout New York. We understand how to effectively
represent clients who have been injured in serious car accidents, particularly
throughout the Mid-Hudson Valley region in Kingston, Poughkeepsie, and
Newburgh where we have offices. Hear
what our clients are saying about us here and learn about just some of our
successful results here. If you or a loved one has been injured in a personal injury accident,
please do not hesitate to contact us by calling 845-340-HURT (4878) or
toll free at 866-440-4452, or by using the
convenient contact form here.