Can I Sue if Poor Road Conditions Caused My Motorcycle Accident?

If you were injured by poor road conditions in either Pennsylvania or New Jersey, you can potentially sue the municipality responsible for your legal damages. It is important to know, however, that claims against government entities are even more legally complex, and the timelines that apply are abbreviated. If this is the challenging situation you find yourself in, it’s important to know that an experienced motorcycle accident lawyer at The Cycle Attorney is standing by to help.

In Pennsylvania

The State of Pennsylvania allows an exception to the limitations on suing a governmental body when it comes to the negligent maintenance of roads. To file a claim against the entity responsible, you must file a notice of your intent to sue within six months of the motorcycle accident.

Proving the Municipality’s Negligence

From here, you’ll need to demonstrate that the responsible entity knew about the dangerous condition or reasonably should have known about it. Prime examples include all the following:

• Potholes
• Slippery debris
• Uneven roadways
• Shoulders that drop off

You’ll also need to prove that the entity responsible failed to effectively address the risk factor in a timely manner.

Filing the Claim

If the state was responsible for the roadway in question, you’ll file your claim with the Pennsylvania Department of Transportation. It should outline in detail the motorcycle accident in question, the injuries you sustained, and the legal damages you suffered. Keep in mind that this six-month window of opportunity is far briefer than the two-year statute of limitations that applies to personal injury claims.

In New Jersey

In New Jersey, you can file your motorcycle accident claim against the municipality responsible for the roadway in question under the Tort Claims Act. This outlines the legal framework that must be followed to sue a government body. Both the timelines and the requirements that apply are exacting.

The Notice of Claim

To begin, you must file a formal notice of claim with the responsible government body within 90 days of the motorcycle accident. If you miss this deadline, your right to recover compensation for your losses will likely be permanently barred.

The Required Elements of Your Claim

To successfully recover on your legal damages, you’ll need to prove each of the following elements:

• The condition of the road was dangerous.
• This dangerous condition was the direct cause of the motorcycle accident that caused you to be injured.
• The responsible government body had actual notice of the risk factor or reasonably should have known about it.
• The responsible government body had adequate time to effectively address the matter, but didn’t.

From the time of filing your formal notice of claim, you must wait at least six months to file a lawsuit. In turn, you must file your lawsuit within two years of the underlying motorcycle accident.

An Experienced Motorcycle Accident Attorney Can Help

If you were injured on your bike as a result of poor road conditions in either Pennsylvania or New Jersey, you face a challenging path forward. However, the formidable motorcycle accident lawyers at The Cycle Attorney have three decades of imposing experience guiding difficult claims like yours toward favorable resolutions, and we’re here for you, too. Learn more by contacting us today.