Maison Law represents victims of motorcycle accidents caused by potholes in Porterville. If you or a loved one has been injured in a motorcycle accident due to an unrepaired pothole, the attorneys at Maison Law can get you the financial compensation you need. Motorcycle riders are amongst the most vulnerable on the road, and a pothole accident can result in catastrophic injuries.
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?
Motorcycle riding in Porterville is a popular activity with twisting mountain roads in the Sierra Nevada foothills and canyon rides in the San Joaquin Valley. But when an unrepaired pothole is allowed to remain in any of these popular motorcycle routes, serious injuries can occur, resulting in permanent disability or even death. According to the National Highway Traffic Safety Administration, uneven terrain makes up 10% of all fatal motorcycle accidents.
One thing these statistics don’t mention is how expensive motorcycle accidents can be for victims and their families. According to the Insurance Information Institute, motorcycle accidents have an average of around $16 billion in damages each year. For that reason, it is recommended to consult with an experienced Motorcycle Accident Lawyer at Maison Law to get the full extent of the following damages:
- Economic damages: The 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
California Premise Liability Law
In the state of California, if a individual, company, or government entity fails to exercise reasonable care over their property and someone gets injured, they can be held liable for a premises liability 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 law applies to potholes left unrepaired in the road. City governments are required to provide safe public roads, sidewalks, and walking paths for citizens to use. Failing to keep public areas safe can be deemed a premise liability.
Types of Premises Liabilities Concerning Motorcycle Pothole Accidents
The City of Porterville has a legal obligation to maintain safe conditions on their campuses. A violation of this legal obligation is considered a premises liability. Examples of the city’s responsibility to prevent hazardous conditions include:
- Ensuring walkways, roadways, parking lots, and other facilities are safe and up to code
- Addressing hazards such as potholes, cracks in the sidewalk, inadequate lighting, and debris on the interstate to prevent accidents
- Hire unqualified employees who fail to repair roadways and clear debris
- Fail to properly train employees about safety protocols
- Fail to hire enough staff to supervise the roadways and make repairs
Filing a Lawsuit Against the City of Porterville
Filing a lawsuit against a government entity is more complicated than suing a company or individual. However, it is not impossible to sue the government for compensation. If you would like to file a claim against the City of Porterville for an unrepaired pothole, your first steps should be to file a notice of your claim to the City of Porterville and wait for them to complete an investigation of the incident.
To file a claim against California state agencies or employees, you will need to go to the California Department of General Services, Office of Risk Management. This site allows any person to file a government claim to receive compensation for damages caused by the state of California. If the city does not take action after a certain period of time or denies some part of the claim, then Maison Law will help you file a lawsuit against them. To see what legal options are available, contact Maison Law today for a free case review.
Why Potholes Put Motorcyclists at Risk
Unlike cars, motorcycles have minimal suspension, no protective airbags, and are fully exposed to the outside elements. So, when a motorcyclist hits a pothole, they’re at risk of losing control, having a tire blowout, or being thrown off their bike. Pot holes can also cause motorcyclists to have:
- Sudden instability: if the front wheel drops down suddenly, then the motorcycle can jerk sideways or flip.
- Zero room for error: motorcyclists are surrounded by fast-moving vehicles, medians, and barriers on almost all sides, so when a pothole throws them off course, they are far more susceptible to a serious or fatal accident than anyone else on the road.
- Harsher conditions: visibility is already an issue for motorcyclists on some roads, so if a pothole is hidden by bad lighting or weather conditions, then a motorcyclist is far more susceptible to having a pothole accident.
Other Common Dangers that Cause Motorcycle Accidents
In 2017, according to Berkley University, nearly 22% of all motorcycle accidents were fatal or ended in severe injuries. These horrific accidents are common in high-populated areas due to the lack of awareness from other motorists and the amount of risk involved with using a motorcycle. The following dangers are the leading causes of motorcycle accidents:
- Absence of barriers: motorcyclists are not protected by metal, airbags, or seat belts like a typical car. The only preventative barrier is their helmet.
- Reduced Stability: Motorcycles can travel at high speeds, but at the cost of stability, making them susceptible to other vehicles, harsh weather, and hazardous road conditions.
- Reduced Visibility: Motorcyclists are less noticeable to other vehicles, especially at night.
- Poor Road Conditions: debris and other objects on the road might be easy for a car to ride over, but a motorcyclist is at a much higher risk if the road surface has been compromised.
Motorcycle Accident Settlements Based on Injury
While there is no exact settlement amount for a serious motorcycle accident injury claim since each incident varies significantly on a case-by-case basis, there are various factors that can help determine the value of your case, such as:
- Extent of damages
- Medical treatment needed
- Insurance coverage limit
- Determination of fault
When it comes to your motorcycle accident settlement, the details of your case matter. For example, if you only sustained minor injuries from the crash or you were partially liable for the incident, your settlement could result in a lower amount. However, serious injuries are common with motorcycle accidents and typically result in higher payouts than accidents with minor injuries.
Contact a Porterville Motorcycle Accident Lawyer
If you or a loved one has been injured in a motorcycle accident due to a pothole in Porterville, Maison Law is here to get you the maximum compensation for the damages you’ve been forced to endure. If you’re concerned about the financial, physical, and mental impact a motorcycle accident has had on your life, contact Maison Law today. We offer all injured victims a free consultation and case evaluation. There are no hidden fees for our services, and you will only be charged once we win your case.
