Dangerous potholes and road defects in Michigan present driving hazards to motorists in general, but to bikers a pothole can lead to a serious injury accident.
With riding season now officially underway in the State of Michigan, thousands of bikers are now on the roads and highways everyday. Anyone who has spent time travelling in Michigan is well aware of the number of dangerous potholes on our roadways. These road defects present driving hazards to motorists in general, but to bikers a pothole can lead to a serious injury accident.
There is no question that the Government is responsible for maintaining roadways in reasonable repair. Michigan has several statutes that relate to a Governmental agency’s duty to properly maintain roadways. A biker injured due to a defective road condition or pothole can file a claim against the government age
ncy for accident related injuries.
MCL 691.1402 says in pertinent part “. . . each Governmental agency having jurisdiction over highways, shall maintain the highway in reasonable repair so that it is reasonably safe and convenient for public travel. A person who sustains bodily injury or damage to his or her property by reason of failure of a Governmental agency to keep a highway under its jurisdiction and reasonable repair and in condition reasonably safe and fit for travel, must recover the damages suffered by him or her from the Governmental agency.”
To assert this type of claim, the injured biker is required by law to provide written notice to the government agency responsible for maintaining the roadway where the injury occurred. The written notice must be served within 120 days of the injury, with very few exceptions, or the claim will be forever barred. The notice must include the date of the injury, the precise location of the injury, the nature of the defect, and the names of any known witnesses.
In the event that a biker is injured due to a road defect in Michigan, it is essential that an experienced Michigan motorcycle accident lawyer be contacted as soon as possible after the accident. This will insure that the matter is properly investigated and the required notice be sent to the governing agency to preserve the claim. There are also claims for Michigan No-Fault insurance benefits that can be made and those have specific time deadlines as well.
It is essential to contact an experienced Michigan motorcycle accident attorney as soon as possible after the accident to preserve a claim. A delay in properly submitting these claims, even by one day, will forever destroy even the most valid claim. Time is of the essence for preserving these claims.
