Who Is at Fault When Potholes Cause Motorcycle Accidents?


Potholes are a major problem in St. Louis. In fact, the city repairs about 120 of them a day. This happens because of the climate in the Gateway to the West. When the ground freezes and thaws repeatedly, it begins to disintegrate. When you add the pressure of snow and ice to the ground, it can cause potholes to form. You should be aware of this if you ride a motorcycle in the summertime.

According to motorcycle accident lawyers Hipskind & McAninch, LLC, if you have a motorcycle accident on a street with a pothole, you may or may not be able to collect damages.

If you believe a pothole caused your motorcycle accident, you should document everything carefully and save records of all your bills.

Is the city responsible if a pothole causes an accident?

Cities are responsible for maintaining roads, and that includes getting rid of potholes. If a bike or car gets into an accident due to a pothole, the city can be liable for damages to your vehicle and medical bills.

You may have to establish that the city knew about the pothole before you drove over it, but this is not always easy to do. You would have to find records of complaints mentioning the pothole or find witnesses in the neighborhood to corroborate your story. Suppose you hire a personal injury attorney to represent you. In that case, they will have the resources to research traffic records and interview people who live in the neighborhood where the pothole is located.

When you ride a motorcycle, insurance companies, other drivers, and city governments will look at you with a critical eye. Even if you did not cause an accident, they may blame you for it simply because of the dangers associated with motorcycle riding.

Accident Fault in the State Of Missouri

There are two kinds of insurance laws in the U.S; fault and no-fault. In a no-fault state, a person’s insurance will pay for their auto repairs and medical bills no matter who caused the accident. In a fault state, the party who caused the accident will pay the bills. Missouri is a fault state, so if you were injured because another driver was negligent, it is important to do everything you can to prove that you did not cause the accident.

If the accident was due to the city or state’s negligence, they might have to pay for your injuries even if you were partially responsible for the crash. There are certain steps that you should take after a crash.

What to Do at the Scene

When you have an accident, you should always pull over, see if anyone is hurt, and call the police. Take pictures if you can, and get the names of witnesses who may have seen the accident. Once an ambulance arrives at the scene, you should take any recommended treatment.

Documentation to Collect

Save copies of all your medical bills, including those for physical therapy and any alternative treatments you have had. You should also document the time that you have taken off work.

The attorneys for the city or state may try to establish that your injuries were caused by your driving an unsafe vehicle. They may try to say you were speeding or that another driver caused the crash.

If you file a claim with the city’s insurance company and they make you a settlement offer, you should talk to a personal injury attorney before you accept it. There is a good chance they will offer you too little money for your injuries. A personal injury attorney will know how much you should be paid. They will have the knowledge and experience to negotiate with an insurance company on your behalf.

Motorcycle riding is fun when done responsibly. City managers need to take responsibility for their streets and the people on them.