Can I Sue If a Pothole Caused My Motorcycle Crash in IL?

 Posted on September 17, 2024 in Motorcycle Accidents

Drivers often take for granted that the roads they travel are paved smoothly. While potholes and broken pavement can cause problems for passenger vehicles and large trucks, they are especially dangerous for motorcyclists.

If a poorly maintained interstate, highway, or street causes you to have a motorcycle accident, can you get compensation? Who is liable for paying you? The knowledgeable attorneys at Newland & Newland, LLP can answer those and other questions during your free consultation.

What Causes Potholes?

Potholes, which are holes in a road’s surface, can be different shapes, sizes, and depths. These imperfections can form or worsen due to various factors, including:

• Surface cracks can gradually expand with normal wear and tear.

• Water under the paved surface can erode the road base; it can also freeze during frigid temperatures, causing expansion that pushes the pavement upward and outward.

• Frozen underground water can cause the pavement to crack and bend, worsening if the water thaws and freezes repeatedly.

• The weight of cars on the weakened pavement can break it down further.

• Salt used to prevent ice buildups on road surfaces can damage the pavement.

• Inferior road paving materials may not hold up to heavy traffic volumes.

• Heavy machinery used in road construction can damage existing pavement.

Regular road maintenance is required to fill in potholes to keep driving surfaces smooth.

Why Are Potholes Dangerous for Bikers?

Motorcycles have two narrow tires, and the rider must balance the bike while driving. If the biker cannot avoid a pothole, his tire may get caught, causing him to be thrown from his ride. Even when bikers use helmets and wear protective clothing, they are incredibly vulnerable in accidents, particularly at higher speeds. Catastrophic injuries often result from motorcycle crashes, such as:

• Traumatic brain injuries

• Spinal cord damage, including paralysis

• Burns and road rash

• Multiple fractures

• Internal organ damage

• Amputations

Some motorcycle crashes lead to fatalities. If you are injured in a crash caused by a pothole, you may get a settlement for damages, including medical treatment costs, property damage, lost wages, pain and suffering, and other eligible losses. Your lawyer will calculate your damages using case-specific factors and work to help you collect the full amount you deserve.

Who Is Liable When Potholes Cause Accidents?

Various government agencies are responsible for road maintenance. When they neglect their duties, potholes become dangerous obstacles that drivers and motorcyclists may not see in time to avoid them. The liable party may be the government entity, a third-party road construction or maintenance company, the producer or supplier of the paving materials, or a combination. If the government agency is liable, your case will be subject to strict protocols and complexities.

We cannot tell you who is responsible for paying your damages until we investigate your accident. It is best to contact Newland & Newland, LLP as soon as possible after your crash because the pothole may be filled if you wait. Although we can obtain records of when it was repaired, your claim is stronger when we can take pictures and measurements of the pothole’s condition when you had your accident.

Request Your Free Consultation With Our Determined Palatine, IL Pothole Accident Lawyers

Claims against the government are more challenging than most. At Newland & Newland, LLP, we have a proven history of overcoming these challenges while protecting our clients’ best interests. Call us at 847-797-8000 today to speak with our dedicated Arlington Heights, IL motorcycle accident attorneys.