Road Defect Motorcycle Crash Cases

Road Defects: Potholes, uneven road surfaces, road defects and negligent road construction work can cause a motorcycle to go down.  

Negligent Road Construction: If the defect was caused by a road construction company, a negligence case can be brought against it.  If the defect was in the road, the county or state responsible for the roadway may be liable for damages.  The government may be granted immunity from being sued, but it all depends on the facts.

Michigan Motorcycle Accidents from Road Defects & Negligent Road Construction

Proper ‘Notice’ is necessary.  A ‘Notice’ must be sent to the government entity responsible for the road.  It must have certain information and must be sent within a certain time period.  The time limit may be 60 days or 120 days depending upon if defect is on a city, county or state road.  Therefore, time is of the essence.  If proper notice is not given within the specific notice timeframe, a case may fail. 

Take MANY photos:  One of the most important things to do is to document the scene and defect. We recommend immediately taking many pictures of the area.  Take 50 pictures!  Photograph everything—the defect close up, five feet away, ten feet away, from each point of view, a series of photos showing your path of travel moving the camera forward ten feet at a time.  Documenting the area’s signs in a road construction case can be important.  The bottom line is take tons of photographs of everything.

No-Fault Claims & Road Defect Cases: In motorcycle road defect cases, typically there is no “motor vehicle” involved in the crash and therefore, No-Fault benefits will not be paid.  However, all damages may be recovered from entity responsible for the roadway. This could be Michigan Department of Transportation or MDOT/the state of Michigan or a construction company that did or was doing work on the roadway.  

Time Limit: The statute of limitations or amount of time you have to file a road defect case is two years.  

Our Road Defect / Negligent Construction Wins:  I have tried a negligent road construction case to a $2,000,000 verdict, another one with a $2,000,000 settlement and many others with great results.  Call for your free case evaluation.

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