Syracuse, like the rest of New York, is not exactly known for having the smoothest roads. While passenger vehicles can often struggle with poor road conditions, the problem is even worse for motorcyclists. Do these hazards allow an accident victim to claim compensation?
At Carden Dotzler Hammond, PLLC, we advocate for motorcycle accident victims by helping hold all responsible parties liable. If you were in a crash and suspect the roads may have had something to do with it, then it’s time to reach out to us.
Road Hazards That Can Cause a Wreck
Motorcyclists understand that the better maintained a road is, the safer the ride will be. Conversely, certain conditions can present a real danger and increase the chances of an accident. Some examples include:
- Potholes: A pothole is formed when water seeps beneath the asphalt and then expands and contracts with changing temperatures. Potholes in Syracuse are common but not always easy to spot, nor is their depth easy to gauge, so a rider may not appreciate the danger.
- Slick pavement: Even a brief rainshower can make road surfaces slick. Ice (including black ice) and motor oil from vehicles add to the risk. Wet lawnmower clippings thrown carelessly into the road can also make the pavement slick.
- Gravel and debris: Road construction crews sometimes put down gravel during their projects. They may also leave debris in the roads, or objects can fall off the back of trucks and other vehicles and present a riding hazard.
- Uneven pavement: When Syracuse roads are resurfaced without due attention to differences in height and thickness, the finished road can be uneven. The resulting bumps and irregularities can throw motorcyclists off their bikes or cause them to lose control.
- Bridge expansion joints: The main purpose of an expansion joint is to accommodate movement in bridge concrete slabs that comes from expansion and contraction with changing temperatures. These joints do not always form seamless connections with the road and could cause an accident.
Who Can Be Held Liable for Motorcycle Accidents?
Determining liability for poor road conditions begins with identifying the parties who caused the hazardous condition. Some examples include:
- City, state, and local government responsible for road work
- Road construction and maintenance crews
- Landscapers (e.g. for throwing grass clippings and other items into the road)
- Drivers of passenger vehicles and large trucks
However, just because a party caused a condition does not mean they are legally responsible for a motorcyclist’s accident. For example, the New York Department of Transportation (DOT) may not be liable unless it had prior written notice of a dangerous pothole.
There are also challenges with suing certain at-fault parties. Different rules and timelines apply when suing the government, and when multiple parties are involved (e.g. the DOT and road construction crews) sorting out blame can be more difficult.
Proving Liability in Your Motorcycle Accident Claim
Victims of motorcycle crashes in Syracuse have the duty of presenting the evidence necessary to support a personal injury claim. You will need to show that the responsible party or parties were legally negligent in allowing or causing the condition that caused your accident.
Some of the evidence that may help you includes:
- Video footage: Many riders capture their trips on helmet cams and other devices. There may also be surveillance video and third-party footage available.
- Pictures: A picture of the dangerous condition and the accident scene will also help substantiate your case. Be sure to take pictures of your injuries and damage done to your motorcycle.
- Accident reports: Past accidents in the same area due to the same cause are strong evidence of negligence. Reports may indicate that a governmental entity was aware of the problem but did not fix it.
- Hazard complaints: Likewise, if other motorists have complained about a road hazard, this could prove negligence. You may be able to identify who submitted the complaint and get further information from them.
- Construction work records: When dangerous road conditions are due to road construction and maintenance, you should obtain general contractor and subcontractor records. Your Syracuse personal injury lawyer can get copies of these.
Making the Case for Your Motorcycle Accident Claim
The good news about a road condition that causes a crash is that a motorcyclist victim has the right to pursue a personal injury case. It starts with hiring a Syracuse law firm that understands what it takes to prove liability. Connect with CDH Law today to learn more.