Motorcycles are much smaller than cars, so potholes pose an even bigger danger to motorcycle riders. Though you may have a claim against your local municipality if a pothole caused your accident, our lawyers can see if any other parties share liability to maximize your recovery.
Municipalities aren’t totally immune to lawsuits in Pennsylvania and may be liable when they are informed of a road defect, such as a pothole, but fail to address it. You have two years to sue, but you must first send notice of your claim within six months. Damages in claims against municipalities are limited to $500,000 in total. Tell us if another driver was involved and forced you to hit a pothole, and we may seek compensation from them as well.
To discuss your case for free with our Philadelphia motorcycle accident lawyers, call The Reiff Law Firm today at (215) 709-6940.
Who Can You Sue if a Pothole Caused Your Motorcycle Accident in Pennsylvania?
While Pennsylvania grants immunity from liability to municipalities and other governmental agencies in many scenarios, it makes exceptions for dangerous street conditions, meaning you may sue if a pothole caused your motorcycle accident.
Local Municipality
The local municipality is responsible for maintaining the streets and sidewalks within its boundaries, including addressing hazardous potholes. Photograph the dangerous street conditions after an accident caused by a pothole so that we can prove the cause. We also need proof that the municipality had received notice of the dangerous conditions that created a reasonable foreseeable risk of injury.
Another Negligent Driver
If you only hit a pothole and sustained injuries because of another driver’s negligent or reckless driving, our Pennsylvania motorcycle accident lawyers can help you seek compensation from them. The other driver may be primarily at fault, so tell our lawyers about everyone involved in the accident, even if you were trying to avoid them.
How Long Do You Have to Sue if a Pothole Caused Your Motorcycle Accident?
Claims against municipalities for accidents caused by potholes and other hazardous road conditions are subject to additional notice requirements, which victims must satisfy before filing a lawsuit.
Send the Notice of the Claim
Pennsylvania requires you to send the municipality a written notice of a claim within six months of the accident. The notice must state your name and address, as well as the details of the accident. The deadline to send notice can be extended by up to 90 days for incapacitation.
File the Lawsuit
If you send notice of the claim and are unable to resolve it, our lawyers can proceed with a lawsuit. We will have two years from the date of the injury to sue the local municipality for motorcycle accident injuries caused by a pothole. We can write the complaint necessary to file your lawsuit, ensuring it is accurate and thorough.
What Damages Can You Sue for if a Pothole Caused Your Motorcycle Accident in Pennsylvania?
Victims may recover compensation for the following losses in lawsuits against municipalities:
- Medical and dental expenses
- Past and future lost wages
- Property losses
- Loss of consortium
- Loss of support
Damages for pain and suffering are also recoverable in cases of death or permanent disfigurement, loss of function, or dismemberment when medical damages exceed $1,500.
Pennsylvania strictly limits damages in lawsuits against municipalities for potholes and other dangerous road conditions, and you may only recover up to $500,000 in total, which may not cover all your damages.
Bad motorcycle accidents often exceed the cap on damages against local governments, and our lawyers may sue other parties who share liability, such as a negligent driver.
FAQs About Suing for a Motorcycle Accident Caused by a Pothole
Should You Call the Police After a Pothole Causes a Motorcycle Accident?
If you were injured in a single-vehicle accident while riding your motorcycle because of a pothole, you should call the police. Officers can help document the scene, note and photograph the pothole, and help in other ways.
What Evidence Do You Need to Sue if a Pothole Causes a Motorcycle Accident?
Our lawyers typically use the following evidence to prove that a pothole or other hazardous road conditions caused a motorcycle accident:
- Eyewitness statements
- Photos
- Video surveillance footage
- Accident reconstruction
- Medical records
- Expert statements
- Income information
Do You Need an Attorney to Sue?
Because of the additional reporting requirements and the complexities involved in suing a local municipality for a motorcycle accident caused by a pothole, having an attorney is very important. Otherwise, you may struggle to retrieve and review police reports, calculate damages, or negotiate a settlement.
Who Else Can You Sue for Your Motorcycle Accident
Our lawyers often investigate whether another party shares liability for a motorcycle accident partially caused by a pothole, given caps on compensation against local government entities. If a negligent driver forced you to veer into a pothole, they may share fault, enabling you to seek more compensation from them.
What if You Don’t Sue within the Statute of Limitations?
Failing to sue within the statute of limitations or missing the six-month notice of a claim requirement can bar you from getting any compensation from the municipality responsible for your recent motorcycle accident.
Do You Have to Go to Court if You Sue for a Motorcycle Accident Due to a Pothole?
You don’t necessarily have to go to court if you sue for a motorcycle accident caused by a pothole, as municipalities often prefer to settle these cases without trials.
Can You Get Punitive Damages if a Pothole Causes Your Motorcycle Accident?
You cannot get punitive damages in lawsuits against government agencies in Pennsylvania, but you may get punitive damages if another party who contributed to the accident exhibited egregious misconduct, such as drunk driving, and you sue them for compensation.
For a Free Case Review, Call Our Pennsylvania Lawyers
Call the Allentown, PA motorcycle accident lawyers of The Reiff Law Firm at (215) 709-6940 for help with your case today.
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