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Motorcycles offer freedom and flexibility on the road, but they also come with unique risks, especially when the road itself is the problem. If you hit a pothole, slide on loose gravel, or lose control due to poor drainage, the damage can be devastating. Unlike cars, motorcycles don’t have the stability to absorb uneven surfaces or sudden obstacles.
If you were hurt in a motorcycle accident caused by a road hazard in New York, you may have grounds for a personal injury lawsuit. Although liability in these cases isn’t always straightforward, an experienced motorcycle accident attorney can help explore your options.
What Counts as a Road Hazard?
Road hazards are any dangerous or defective conditions that make a roadway unsafe for drivers, especially for motorcyclists. What may be a minor bump for a car can cause a rider to lose control instantly.
Common road hazards that lead to motorcycle crashes include:
- Large potholes or sunken pavement
- Loose gravel or debris from construction
- Standing water or poor drainage
- Missing or obscured warning signs
- Steel utility plates that aren’t adequately secured
- Uneven lanes or drop-offs at roadwork sites
- Vegetation blocking sightlines at intersections
In New York, these issues are often seen in both urban and rural areas, especially during construction season or after heavy winter weather.
Determining Liability for a Road Hazard Crash
Determining who is responsible is a key part of any road hazard injury claim. In New York, liability could fall on one or more parties, depending on where and how the hazard arose. These include:
- Government entities: State, county, or city agencies responsible for maintaining the road
- Construction companies: If work zones were poorly marked or left dangerous debris behind
- Utility companies: If manhole covers or temporary plates weren’t secured properly
- Private property owners: If a spill or obstruction came from a nearby lot or driveway
The key question is whether the party had a duty to maintain the area, and whether they knew or should have known about the hazard.
Suing a Government Entity in New York: What You Need to Know
If a public agency like the New York State Department of Transportation were responsible for the road, your case would follow special procedures. You must file a Notice of Claim within 90 days of the crash. This is a strict deadline, and missing it can bar you from suing altogether.
To win a case against a government body, you must prove the agency knew or should have known about the hazard and failed to repair it. These cases often require photos, witness statements, and maintenance records showing how long the hazard was present, which makes it crucial to act quickly. The sooner you contact an experienced personal injury attorney, the better your chances of recovering damages.
Motorcycle Accident Damages
Motorcycle accidents caused by road hazards often result in serious injuries. Even a low-speed crash can lead to broken bones, road rash, head trauma, or permanent disability.
If someone else’s negligence caused your crash, you may be entitled to compensation for:
- Emergency medical bills and ongoing treatment
- Lost wages and reduced future income
- Physical therapy and rehabilitation
- Pain and suffering
- Permanent injuries or disfigurement
Every case is different, and your recovery depends on the extent of your injuries and the strength of your claim.
Talk to a New York Motorcycle Accident Attorney
If you were injured in a motorcycle crash caused by a road hazard in New York, turn to Michael LoGiudice, LLP. You pay nothing unless we recover compensation for you. Contact us today for a free consultation.