Michigan Motorcyclists Road Defect Cases
July 24th, 2022 at 7:43 am   starstarstarstarstar      

MICHIGAN MOTORCYCLE ACCIDENTS INVOLVING ROAD DEFECTS (INCLUDING ROAD CONSTRUCTION HAZARDS & NEGLIGENCE)

If my Michigan motorcycle accident is because I hit a pothole, is there anything I can do? (Do I have a case?)

If a pothole is in the roadway and the government entity responsible for the road knew about it or should have known about it for over 30 days, you may have a case.

 

All damages may be recovered from the entity responsible for the roadway defect. This could be Michigan Department of Transportation or MDOT/the State of Michigan, or a County.

 

A special notice must be sent to the government entity responsible for maintaining the road.  It is basically a letter that outlines specific details.  The notice time limit may be 60 days or 120 days depending upon whether the defect is under the control of the city, county or state.  Therefore time is of the essence in these types of cases.

 

If the hazard a road defect was caused by the negligence of a construction company that did or was in the process of doing work on the roadway you may have a case against the construction company or their subcontractors.  Cases against construction companies do not require the hazard to be in existence for more than 30 days nor does it require the special notice as described above.

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