As motorcycle attorneys, we have been confronted with virtually every type of motorcycle accident imaginable, including those that arise from hazardous road conditions. Many times these motorcycle accidents are reported as driver error which is not always the case.
In most hazardous road condition cases, the dangerous condition was not recognized until it was too late; either due to lack of signs, darkness, the configuration of the road or inattentiveness. Below are four examples.
Case Number One
In this case the rider went down on a freeway overpass. The asphalt had been removed from the top of the overpass, leaving a significant seam with a variation in the level of the road surface. There were no warning signs in the area. The motorcyclist was a seasoned rider, but still went down. Due to the arch of the bridge and the lack of warning signs, the rider did not see the hazard until he was a few feet away. Granted, the city should have put up a sign, but – if you can’t see what’s coming up, expect anything.
Case Number Two
In this case, another seasoned rider was on a dark interstate highway late at night and pulled over to the shoulder to turn on the reserve tank. As he coasted to the shoulder, his tire hit an edge trap, a two to three inch lift that steps up to the shoulder, created when a road is in the process of being re-paved. The bike went down.
Once again there were no warning signs. In retrospect, the rider was aware the of the new asphalt in the miles before the accident site. Unquestionably, there should have been warning signs, but you can’t always expect that there will be. If there is any indication of road construction and you don’t have clear visibility -- watch out -- take the necessary precautions.
Case Number Three
In this case, the rider was on a surface road in the early morning hours. An underground vault had exploded further down the road, blowing a manhole cover onto the street. The explosion caused the street lights and traffic signals in the area to go out rendering the area pitch black. While the rider was aware that the lights were out and moved with extreme caution in crossing the intersection just before the explosion, he hit the displaced manhole cover and went down. In this instance, very little could have been done to warn the rider of the hazard.
Case Number Four
The rider went down when he hit a sink hole on a surface street. The responding police officer testified that the hole was so bad, that he blocked off the area with his patrol car. He testified at his deposition that the color of the roadway and the shadows made it difficult to see. The clincher was – the city pavement crew chief came to scene and said he had been aware of the problem, but hadn’t gotten around to fixing it.
If there are any signs that something isn’t right and visibility is dramatically decreased, pay attention -- adjust your riding and vigilance accordingly.
The majority of the time, motorcycle accidents that occur due to hazardous road conditions are reported as driver error. Some are and some aren’t. It depends on the nature of the condition and whether the controlling entity should have been aware of the condition in sufficient time to correct it. The four cases above were successfully prosecuted. If you are in a motorcycle accident where bad road conditions could be to blame, you need to make sure you photograph it immediately, if you can do so safely, and call an experienced motorcycle injury attorney.
