Texas with its incredible landscapes and scenic routes, is a popular joy ride for motorcyclists. This great hobby can quickly turn south with the roads are in back condition. We’re talking about potholes, uneven surfaces, and construction zones that aren’t clearly marked. In Fort Worth and other parts of Texas, it’s not always clear as to who’s liable when a motorcycle accident is caused by these types of road conditions. To figure this out takes some expertise in legal principles and state-specific regulations.
What are Appropriate Road Defects?
When we mention road defects, we’re talking about issues like surface irregularities including potholes and cracks to more complex issues that include a flawed road design and insufficient signage. While these issues can affect everyone on the road, they’re particularly dangerous for motorcyclists. Maintaining the stability and safety on a motorcycle is easily disrupted by the road’s condition. Each state has its own statutes and guidelines as to was constitutes proper maintenance and repair when it comes to public roads.
In Texas, road maintenance responsibilities fall on different entities depending on the type of road and the municipality that oversees it. Different segments of the road network can be the responsibility of the city, county, or state governments. The Texas Transportation Code delineates the rules for each entity like the county has the authority to finance the construction, improvement, maintenance, or repair of the streets or alleys that are within their jurisdiction. It’s their responsibility to enact any necessary roadbed preparation, paving, or adding needed curbs, gutters, bridges, or drainage needs.
How Road Defects Cause Motorcycle Accidents
A large part of establishing liability is understanding the nature of the accident. Unlike the drivers of cars and trucks, motorcycles are more vulnerable due to their two-wheeled nature. Cars and trucks, by nature, are more stable and protective. Unlike with cars and trucks, even the smallest road imperfections can destabilize a motorcycle.
Potholes and Uneven Surfaces
When a motorcycle hits a pothole, the sudden jolt can unseat a rider or, minimally, cause them to lose control. It’s even worse if the rider is unable to see the pothole ahead of time and adjust their speed and/or direction. It’s similar with uneven road surfaces like those under repair or with significant wear and tear. The rough surface can diminish or even eliminate traction.
Lack of Proper Signage and Erosion
While repairs are best, they can’t always happen immediately. This is where proper signage comes in. Signage needs to be clear and well in advance so that motorists know there are hazards ahead like road defects, sharp curves, or even potential flooding. If these signs are missing or inadequate, motorcyclists can’t prepare for any conditions that can cause them harm. All drivers need time to consider evasive actions, most especially motorcyclists.
Wet Roads and Bad Drainage
Standing or running water on roadways is a hazard. Poor road design or improper or plugged drainage can be the cause and this holds potential liability. Motorcycle tires have less contact with the road surface than four-wheeled vehicles making wet road conditions all the more dangerous to their traction.
Faulty Road Design
Municipalities need to analyze the curves in the roads according to the posted speed limit. If those curves are too sharp for the posted speed limit, signage must be installed to eliminate risk. Then there’s improper grades and shoulders that are too small. Motorcyclists depend on the road’s design to keep them safe. If any roads are designed in a way that fails to meet safety standards, there’s an increased risk of accidents and liability. Like the sharp turns. If there aren’t the proper signs to warn of a sharp turn and the need to decrease speed, motorcyclists could end up in a bad spill or even a collision.
Legal Framework for Liability in Fort Worth
In Texas, the cities, counties, and the state share responsibilities for road maintenance. The difficulty is that while the government entities are responsible for maintaining roadways in a certain condition, they’re also privy to certain immunities when it comes to lawsuits. This immunity is by no means absolute. Certain circumstances that are outlined in the Texas Tort Claims Act (TTCA) can waive the government entity’s immunity. Legal action can be taken against the government entity if the accident was caused by the use of the condition of the roads and or road signs. However, there are strict requirements about proper notice and also damage caps.
Proving Negligence
The hardest part of a case against the government when it comes to roads is the motorcyclist has to prove negligence. They need to be able to show that the responsible government entity knew about the defect on the road and failed to either take the proper steps to fix it or warn the public in a reasonable amount of time. Establishing negligence takes some skill and requires evidence like maintenance records, reports of prior accidents in the same location, and witness statements. It helps to hire a Fort Worth motorcycle accident lawyer who’s experienced in claims against governmental entities.
Determining Liability for Road Defect-Related Accidents
Your first step is finding out who is responsible for the road in question. Responsibility can fall on different levels of government depending on its location and classification. City streets are maintained by local city governments while counties maintain many of the rural roads and often the state is responsible for highways and, of course, state roads.
Before setting off on gathering your mountain of evidence, understand that the TTCA requires that your claim be filed within six months of your accident. Some entities have even shorter notice periods. Be aware of how much time you have to make your case. Your notice of a claim needs to include details of the incident like the time and place of the accident, a description of your injuries, and the damages claimed. If you don’t meet the basic requirements of notice, your claim can be quickly dismissed.
Proving liability is a complex process, not to mention the claims process. Victims of motorcycle accidents should consider hiring legal representation, especially in a situation where road defects may be at fault.
Conclusion
Motorcycle accidents caused by road defects are a legal challenge. Establishing liability is a difficult task and an uphill battle. It’s in your best interest to hire a professional motorcycle accident lawyer in Fort Worth to handle gathering the evidence you need to bring the right government entity to task for improperly maintained roads.
