Debris & Road Surface Hazards: A Hidden Danger for Motorcyclists in Alabama

No matter how experienced a rider you might be, some motorcycle accidents are unavoidable. While we all hope for the best-case scenario in the event of a motor vehicle crash, the unfortunate reality is that motorcyclists are at an increased risk of serious harm – regardless of whether or not they were at fault.

When a serious motorcycle accident occurs due to the presence of debris or other road surface hazards, injured victims are often left wondering where to turn. In Alabama, negligence often plays a critical role in determining liability for accidents involving safety violations or maintenance failures. Let’s discuss what local motorcyclists need to know about filing a claim for a motorcycle accident caused by roadway hazards and explore how an experienced personal injury attorney can help victims hold responsible parties accountable for their actions.

The hidden dangers of road debris and surface hazards

Unlike cars, motorcycles rely on precise balance and limited traction. While the occasional roadway hazard may be small potatoes for a passenger or commercial vehicle, even small obstacles can prove catastrophic for motorcyclists and their passengers. Some common hazards that can spell disaster for motorcycle riders include:

• Loose gravel, sand, and dirt
• Wet leaves
• Oil slicks
• Potholes
• Fallen branches
• Vehicle debris or dropped cargo
• Uneven surfaces, cracks, and speed bumps

While a well-maintained car can usually roll over these small hazards without much difficulty,  the weight distribution of most motorcycles makes these same hazards much more dangerous for unsuspecting riders. No matter how much we hope for the opposite to be true, the sad reality is that motorcyclists are about 28 times more likely to die in a motor vehicle crash than occupants of passenger cars, making it crucial for motorcyclists to avoid roadway hazards to the best of their ability.

Who is responsible for motorcycle crashes involving roadway hazards?

Determining liability in accidents caused by debris or other road hazards can prove difficult for injured victims and their legal representation. That’s because responsibility for road maintenance is often nebulous or overlapping, with multiple possible liable parties in play.

While Alabama law generally requires counties and municipalities to maintain reasonably safe roadways, claims are not treated as premises liability. Instead, injured parties may bring negligence claims against local governments, subject to immunity limits and statutory damage caps.

Timely reporting, documentation, and preservation of evidence are absolutely crucial in the event of an accident involving a roadway hazard. After a crash, involved parties should move quickly to take clear photos and video of any debris, surface hazards, or other road conditions that may have contributed to the accident. Crash victims should also take note of the exact location of their accident so they can report the hazard to local authorities as soon as they are safely able to do so.

Government entities often have aggressive legal and insurance teams who will work to discredit claims of liability waged against them. Subsequently, it’s important for accident victims to secure as much evidence as possible to support their claims. The more corroborating information you are able to provide, the better when it comes to fighting for accountability and compensation after a crash.

Remember: Multiple parties may be liable

In certain circumstances, liability for a hazard-related crash could extend beyond the particular government or road agency. Here are a few examples of accidents that might be attributable to multiple sources of liability:

• If poorly secured cargo falls off a commercial vehicle and causes a motorcycle accident, the truck driver or logistics company responsible for loading and securing the cargo may be considered responsible for the motorcyclist’s injuries.
• If a city or municipality contracts with a third-party company for maintenance or roadway repairs, that company might be subject to claims of liability if insufficient maintenance or shoddy repairs played a role in a crash.
• If an individual recklessly dumps a large item or hazard of some sort into lanes of travel, that individual could be considered legally responsible for any resulting accidents.

Identifying all of the appropriate sources of liability in these claims can be challenging. An experienced motorcycle attorney can help accident victims conduct thorough investigations into all of the contributors to a crash and work to obtain and preserve evidence that will support an injured victim’s claims.

Catastrophic Injuries in Motorcycle Crashes

According to crash data many motorcycle accidents have life-changing consequences.

Some examples of catastrophic injuries commonly linked to motorcycle accidents include:

• Traumatic Brain Injuries (TBIs)
• Spinal cord injuries
• Paralysis
• Compound fractures
• Crush injuries
• Loss of limb/amputation
• Internal bleeding
• Severe organ damage
• Road rash
• Burns

All of these injuries can lead to accident victims incurring immeasurable financial losses, as well as devastating emotional trauma and long-term disability. As a result, many motorcyclists who suffer catastrophic injuries in hazard-related crashes must file personal injury claims to help them recover the funds they need to move forward after an accident.

Damages available in cases involving roadway hazards

If you were the victim of a motorcycle crash that can be attributed to the government or another entity’s negligence, you may be within your rights to file a claim.

Some of the damages riders commonly seek to recover in tort claims include compensation for:

• Medical bills
• Lost wages
• Reduced capacity to work
• Pain and suffering
• Property damage
• Long-term care costs
• Rehabilitation expenses
• Emotional distress

In tort claims involving the government, damages may be subject to caps. It’s important to keep in mind that Alabama utilizes a contributory negligence system, which dictates that if an accident victim is found to have contributed in any way to their own injuries, they will likely be barred from recovering any damages in their case.

This is yet another reason why it’s so important for motorcycle accident victims to consult with experienced legal counsel prior to initiating a claim. The contributory negligence system essentially incentivizes government entities to look for reasons to claim that the injured victim caused their own accident. Subsequently, motorcycle riders must find a trusted legal representation who can help defend them against erroneous claims of contributory negligence and support their efforts to recover accident-related damages.

Final thoughts

Debris and road surface hazards are a clear and present danger for motorcycle riders of all ages and experience levels. Even seemingly small hazards or maintenance lapses can spell catastrophe for motorcyclists and lead to long-term physical, emotional, and financial distress.

If you’ve been harmed due to neglected road maintenance or surface hazards, the team at Martin & Helms might be able to help you recover the compensation you deserve. Our experienced motorcycle accident attorneys understand the complexities of cases involving roadway hazards, government entities, and multiple sources of liability and can help clients take the necessary steps towards a more favorable legal outcome.

Fill out our online contact form or give us a call to schedule a free consultation with a member of our team. We are standing by to educate you about your options, assess the merits of your case, and advise you of how best to move forward in your fight for compensation.