707-926-4924
When is the Government Liable for a Motorcycle Accident?
In Pinellas County, if you are injured in a motorcycle accident because the roadway was maintained negligently or designed poorly, schedule a consultation immediately to review and discuss your rights with a Clearwater motorcycle accident attorney.
Reckless, negligent, and distracted motorists are the leading cause of motorcycle accidents in Florida and across the nation; defective vehicles and parts also cause motorcycle accidents.
But in far too many instances, a government agency or contractor may be liable for a motorcycle accident because of negligent highway construction, flawed road design, or a failure to maintain safe road conditions.
How Do Poor Road Conditions Cause Motorcycle Accidents?
A negligent government agency or contractor may be responsible for insufficient storm drainage, reduced visibility, improper or misleading traffic signs, or direct physical roadway damage like potholes. Poor road conditions include, but are not limited to:
- inadequate road design
- inaccurate or misleading road signs
- insufficient or inefficient storm drainage
- potholes and other damage to the road
- poor visibility
- signs, fences, or other fixtures too close to the road
- negligence in construction zones
Poor road conditions may cause serious personal injuries in a motorcycle accident when, for instance, potholes are not repaired promptly, curves are not graded properly, or road signs are obscured.
If Road Conditions Cause Your Injury, Can You Recover Compensation?
Florida law allows you to sue the state (and counties and municipalities) if the negligence of a governmental body or agency is the reason you are injured in a motorcycle accident. However, you must take specific steps, and there are several restrictions.
If you sue the state, you must submit a written claim notice to the state’s Division of Risk Management within three years of the accident date. If you’re suing a local governmental body or agency, you have three years to file a written notice with that governmental body or agency.
What Happens After You File a Written Claim Notice?
The governmental body or agency then has 180 days to investigate your injury claim, prepare a defense, or settle your personal injury claim out of court. If your claim is rejected or ignored, you may file a lawsuit after 180 days. No response is the same as a denial of your claim.
Have a Clearwater motorcycle accident lawyer help you prepare your claim notice and, if necessary, file a lawsuit on your behalf. If you file a lawsuit, you should know that Florida has established caps on how much compensation you may recover with a claim against a government body or agency.
When Will You Need a Motorcycle Accident Lawyer?
After a motorcycle accident, if you’ve been injured, reach out to a Clearwater motorcycle accident attorney as quickly as possible after a medical provider examines, treats, and releases you.
Your attorney will examine the details of the motorcycle accident, help you prepare and file your written claim notice, give you candid advice, and protect your rights. Your attorney will hold the party liable for your injury accountable, even when that party is the government.
How Can You Stay Safe on Poorly Maintained Roads?
Motorcyclists face unique risks. They are exposed. They don’t ride in a passenger compartment, and in a collision, they usually suffer injuries more severe and extensive than the injuries sustained by automobile and truck drivers and passengers.
The following suggestions can help Florida motorcyclists reduce the number of accidents and the severity of injuries, even when road conditions are poor:
- Ride with a helmet. It is illegal in Florida to ride a motorcycle without wearing a helmet. If you’re injured while motorcycling and you did not wear a helmet, a jury or insurance company may determine that you were negligent and at fault for your accident and injury.
- Know your surroundings and limit your distractions. Stay alert for distracted drivers, ice patches, oil patches, and debris in the road.
- Enroll in a motorcycling safety class. Even veteran motorcyclists need safety reminders. The Motorcycle Safety Foundation offers affordable classes throughout Florida for beginners and experienced motorcyclists.
What Compensation Can Motorcyclists Recover?
In Florida, awards for personal injury lawsuits against governmental bodies or agencies are usually capped at $200,000 for an individual and $300,000 per accident. There are exceptions, such as when the Florida Legislature passes a claims bill to cover damages that exceed the caps.
Any recovery of compensation that exceeds the caps requires legislative approval with a claims bill, which is difficult to obtain and takes several years. Additionally, governmental bodies and agencies in Florida cannot be held liable for punitive damages.
What Else Should Motorcyclists Know?
If you are injured while motorcycling in Pinellas County because a roadway was maintained negligently or designed poorly, Florida law requires you to submit to a medical examination within fourteen days. If you don’t, you cannot file an injury claim or recover any compensation.
Although you have three years to submit a written claim notice to the government body or agency responsible for your injury, you can’t wait three years to contact a Clearwater motorcycle accident lawyer. Over time, evidence deteriorates or becomes lost, and recollections fade.
If road conditions are the reason you’re injured, act now. The personal injury attorneys at Idrizi Law Group represent motorcycle accident victims on a contingent fee basis. You will pay no attorney’s fee upfront or until your motorcycle accident attorney recovers your compensation.
Bring Your Injury Claim to Idrizi Law Group
If you are injured while motorcycling in Pinellas County because a roadway was poorly designed or maintained, a personal injury lawyer at Idrizi Law Group will fight aggressively to recover your compensation. We bring considerable legal skills and experience to every client and case.
Idrizi Law Group represents the injured victims of negligence throughout Pinellas County, and we routinely obtain substantial six-figure settlements for those injured by negligence in motorcycle accidents, automobile collisions, and incidents of medical malpractice.
If you’re injured now or in the future in a motorcycle crash because another party was negligent – a driver, a motorcycle or parts manufacturer, or the government – promptly schedule a free telephone consultation with our personal injury team and call Idrizi Law Group at 707-926-4924.
