Maison Law represents injured motorcyclists in Modesto. If you or a loved one has been injured in a motorcycle accident caused by a pothole or road hazard, the attorneys at Maison Law can get you financial compensation for your injuries. Motorcycle accidents are some of the most horrific accidents on the road in Modesto, resulting in damage that can impact your life permanently.
So, don’t wait until it’s too late to take legal action and you and your family’s financial future. Contact Maison Law today for a no-cost, no-obligation consultation.
Do I Need a Lawyer for a Motorcycle Accident Caused by a Pothole?
Modesto is a great place for riding your motorcycle, but these winding, valley roads present many hazards like inclement weather and dense traffic at busy intersections. These factors can easily cause a pothole to form where many motorcyclists ride, which can put many lives in danger if the situation is not remedied.
So, if your accident was caused by a hazardous pothole in the road, then you are entitled to recover damages from the party responsible. Typically, the party responsible for an unrepaired pothole would be the government. Lawsuits against the government can be a little more complicated, but that’s where Maison Law can help. Our firm will guide you through the process, hold all parties financially responsible for your injuries, and ensure you receive compensation for the following damages:
- Economic damages: financial damages you incurred due to the accident.
- Medical bills
- Lost Wages
- Loss of future potential earnings
- Loss of property
- Cost of property repair or replacement
- Non-economic damages: these are subjective, non-compensatory damages.
- Pain and suffering
- Emotional distress
- Depression
- Anxiety
- Loss of consortium
- Punitive damages: these are damages awarded to serve as punishment to the at-fault party.
- Reckless behavior (DUI, street racing)
- Actions performed out of spite
What You Will Need When Consulting with a Motorcycle Accident Lawyer for the First Time
The initial process of speaking with our law firm for the first time usually starts off with a questionnaire to assess the merits of the case. This questionnaire will provide us with key information to help determine if a case is worth pursuing or not. However, if you’d like to speak directly to one of our attorneys, you can set up a brief meeting to discuss the details of your situation prior to answering a questionnaire. The following data is what potential clients will need when they first sit down with us:
- Employment details: current or former employer, job title, dates of employment, and compensation information.
- Nature of the complaint: type of carelessness that led to your injury (premise liability, reckless driving, defective equipment)
- Timeline of events: dates of key incidents, formal complaints filed, relevant communications with the employer
- Witnesses: names and contact information of potential witnesses to the alleged misconduct
- Documentation: list of relevant documents (x-rays, MRIs, doctor’s diagnosis, physical therapy appointments, workers’ compensation forms)
- Prior legal action: if you’ve filed previous personal injury claims, then the details of your previous case may be relevant to your new case
- Medical information: details about your medical diagnosis and treatment plan
- Social media presence: your injury may be documented online, as well as you discussing the details of your personal injury
Some of these elements may seem irrelevant to your case, but trust us, they are not. Most defense lawyers will use anything they can to diminish the damage done to your life after a motorcycle accident. For example, if your social media account has videos of you speeding on your motorcycle or riding dangerously, they will most likely attempt to use that against you to say you’re a dangerous rider, even if you were safely riding when the accident occurred.
How Road Hazards Cause Motorcycle Accidents
Hazards can form over time, or all of a sudden, but their usual cause is due to someone neglecting to repair them or make sure they won’t cause harm to another person. For motorcyclists, hazardous conditions can make it difficult to stay upright and avoid falling or colliding with other riders or passing vehicles. A hazard like a pothole will force motorcyclists to:
- Lose traction: The uneven terrain or sudden drop of a pothole can reduce tire traction. Without tire traction, a motorcyclist is unable maneuver safely or control where they are going, increasing the risk of a serious accident.
- Balance disruption: Sudden road surface changes like potholes can significantly impact a rider’s balance. Most motorcyclists are balancing on two tires at all times, so the slightest disruption can easily lead to them losing control of the bike.
- Sudden stopping: If a motorcyclist notices a pothole at the last minute, they may be forced to make a sudden stop. Even if they avoid a pothole, a sudden stop could send them over their handlebars and into the road.
Who is Responsible for a Motorcycle Accident Caused by a Pothole?
Determining liability for a motorcycle accident caused by a pothole can be difficult, but ultimately, the party responsible will be discovered through the details of the accident. For example, a road or sidewalk could be maintained by the following parties:
- Government entity: city or state agencies in California are typically responsible for the maintenance of the roadways, so if a pothole is left unattended, the government could be held liable.
- Construction companies: if a construction zone is poorly marked or maintained, resulting in a hazardous pothole, they can be held responsible for their careless actions.
- Private property owners: if a road hazard is on private property, such as a parking lot or driveway, the owner may be at fault if they fail to maintain the area.
Potholes left in the road are considered a premises liability because someone has allowed public or private property to be unsafe. So, once it is determined who is at fault, they can be served with a premises liability lawsuit. If you believe that a premises liability caused your bicycle accident, then please don’t hesitate to call, text, or stop by our offices for a free case review.
Pot Hole Injuries and Premises Liability in California
If an individual, company, or government entity fails to exercise reasonable care over their property and someone gets injured, they can be held liable for damages according to California’s Civil Code 1714(a), which states:
“Everyone is responsible, not only for the result of his or her willful acts but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary car, brought the injury upon himself or herself.”
This applies to motorcycle accidents caused by potholes because the road is typically considered government property, and they’re responsible for keeping it safe for runners, bikers, vehicles, and motorcyclists. If they fail to exercise reasonable care, then they can be held fully responsible for your damages.
Example of Premises Liabilities on the Road
Situations where private and public property owners could be found liable for causing injuries include:
- Poor maintenance: this could mean the roads are worn down and pot holes can easily form, or the flat surfaces have deteriorated, forming hazards where people typically drive.
- Inadequate lighting: if there is a pothole in the road, poor lighting can contribute to a person getting injured. The department responsible for lighting the road can be held responsible.
- Not posting visible warning signs: warning signs alerting drivers on the road to hazards must be properly lit and visible to everyone on the property.
Contact Maison Law | Modesto Motorcycle Accident Lawyers
At Maison Law, we understand that injured victims only have one chance at securing financial relief after a serious accident. That’s why we focus on getting your case resolved and getting you paid as quickly as possible. Our firm has proudly managed numerous motorcycle accident cases, successfully protecting riders from liability and reaching fair settlements quickly and efficiently on their behalf. So, don’t wait until it’s too late to take legal action for your motorcycle accident injury. Contact Maison Law today for a free, no-risk consultation and case evaluation. There are no upfront fees, and you don’t pay a cent until your case is won.
