Our taxes are collected to ensure in part the safety of our streets, to be free from dangerous conditions. Motorcycle pothole accidents
are common. In Los Angeles potholes are littered on highways and streets. These potholes if left uncorrected can cause significant injuries and many times injured parties feel there is no claim. However in certain circumstances you are permitted to file a claim against the city or potentially against your own insurance company. It is important that these claims are filed in a timely manner or you may give up your right to file a cause of action.
Pothole Motorcycle Accident Liability
Any municipal entity i.e. a city or state is liable when they fail to correct a known hazard or condition within a reasonable amount of time. In order to successfully file a claim the city or municipality must have knowledge of the road condition and fail to act within a reasonable period of time to correct it.
Determining whether the city had knowledge requires investigation, something our firm handles. We will determine whether the city had prior knowledge of this incident. While there is no set time for which the city must correct the issue, the courts have set a reasonable time period as sufficient. This reasonable time period is usually 6-8 weeks from the time the city has notice. However, this can be shorter if there have been prior accidents or fatalities.
Learn more about your options for compensation by calling (855) 339-8879.
If the city fails to correct the known pothole in a sufficient time period they will be considered to be negligent. A claim for negligence against the city is special in that certain timely filing dates must be bet.
Statute of Limitations for Filing Your Claim
You only have 6 months to file your initial claim against the city
for damages. This time period is strictly enforced, unless certain special circumstances exist. This includes being incapacitated from a coma or other medical incapacity. If you are injured you must make sure that your attorney files your claim within 6 months from the date of the incident.
This 6 month filing deadline applies to all public entity claims and you must act swiftly to ensure your rights are protected. After you file your claim with the correct entity you will still have 2 years from the date of the incident to file a lawsuit for your claim.
Your claim with the city is not a lawsuit, it merely preserves your right to file suit and informs the city of your intent to file. If the city denies your claim you will be permitted to pursue you cause of action in court.
Types of Injuries
Motorcyclist are the most prone to injuries from a pot hole on city streets. Motorcycle wheels can get trapped inside a large pothole and cause the driver to lose his balance. If you are operating the motorcycle at a high rate of speed serious significant injuries can result. Here is a list of some of the most common injuries:
- Traumatic brain injury
- Fractured rib
- Broken collar bone
- Hand injuries
- Neck injury
- Spine Injury
- Compression fracture
- Ocular injuries
- Broken hip
- Facial lacerations
- Closed head injury
These are all common injuries. If you have been hurt seek immediate medical attention for your injuries. Our office offers free case evaluations, if you have been injured contact Downtown L.A Law Group for a free case evaluation.
Find out more about how we can help you. Call (855) 339-8879 to speak with a representative now.