You're enjoying a scenic ride through downtown Milwaukee when suddenly your motorcycle hits a massive pothole. The jolt sends you flying over the handlebars, resulting in serious injuries and extensive damage to your bike. As you begin to process what happened, you wonder: Who is responsible for this dangerous road hazard? Can the city be held liable for your motorcycle accident?
At Hupy and Abraham, our Milwaukee motorcycle accident lawyers understand the unique risks riders face from poorly maintained roadways. We've helped countless injured bikers across Wisconsin investigate crashes caused by road defects and determine who may be liable for their losses. While it can be challenging to sue a government entity, it's not impossible with the right legal team on your side.
Common Road Hazards That Cause Motorcycle Accidents
Motorcyclists are particularly vulnerable to bad road conditions due to their smaller size and less stable nature compared to passenger vehicles. Some common highway hazards that frequently contribute to serious motorcycle crashes include:
- Potholes and large cracks in the pavement
- Uneven road surfaces or steep drop-offs
- Loose gravel, sand, or other debris on the roadway
- Faded or missing lane markings and signs
- Malfunctioning traffic signals
- Lack of warnings about known road defects
- Improper road design or construction
These issues can be especially dangerous for motorcyclists, who can easily lose control if their bike hits an unexpected obstacle or patch of uneven pavement. Motorcycles are also more likely to get caught in road cracks or be thrown off balance by loose debris.
When Are Cities and Counties Liable for Poor Road Maintenance?
In Wisconsin, government entities have a duty to keep roads reasonably safe for public travel. This includes promptly repairing known defects and warning the public of hazardous conditions that can't be immediately fixed. When a municipality fails in this duty, it may be liable for accidents and injuries that result.
However, bringing a claim against a city or county isn't as straightforward as suing another driver. Governments are protected by sovereign immunity, which limits when and how a public entity can be sued. To hold a municipality accountable for a motorcycle crash caused by poor road maintenance, you typically must show:
- The government had notice of the dangerous road condition
- The hazard existed long enough that the government should have discovered and repaired it
- Fixing the road defect was reasonable based on the specifics of the issue
- The government's failure to address the hazard was the direct cause of your motorcycle accident and injuries
Building a case against a city or county requires quick action to preserve crucial evidence before the road defect is repaired. An experienced motorcycle accident lawyer can help you notify the government of your claim and gather documentation to support municipal liability, such as:
- Photos and videos of the road hazard
- Accident and police reports noting the dangerous condition
- Records of prior complaints about the road defect
- Maintenance logs and repair history for that stretch of roadway
- Testimony from road safety experts
It's important to note that even if you can establish the government was negligent in road maintenance, you may still be found partially at fault for the motorcycle accident. Wisconsin follows a comparative negligence rule, meaning your compensation can be reduced by your assigned percentage of blame.
The city may argue that you were speeding, distracted, or otherwise not exercising proper caution as a motorcyclist. To protect your right to recovery, you need a skilled attorney who can push back against these arguments and highlight the government's responsibility.
Suing a City for Road Construction Debris That Caused Your Crash
In addition to potholes and disrepair, road construction zones also pose major crash risks for motorcyclists. All too often, crews leave behind gravel, sand, dirt, or other scattered debris that can cause a biker to slide out and wreck. Cities that fail to ensure construction areas are properly cleaned up may be liable for resulting motorcycle accidents.
To prove your crash was caused by negligent construction debris removal, your attorney may collect evidence like:
- Photos of the accident scene showing the debris field
- Statements from witnesses who saw the hazardous conditions
- Debris samples from the crash site
- Construction contracts, permits, and traffic control plans
- Records of prior debris-related accidents or complaints in that work zone
- Testimony from expert witnesses
If the construction work was performed by a private company rather than city employees, that contractor may also share liability for your injuries. A knowledgeable motorcycle accident lawyer can identify all potential defendants and sources of compensation.
Holding Road Designers Accountable for Motorcycle Wrecks
Some motorcycle crashes result not from neglected maintenance but from flaws in the road's original design or construction. Dangerously sharp curves, inadequate banking, poor sight lines, and lack of proper shoulder space can all contribute to catastrophic wrecks. These cases are highly complex, typically requiring accident reconstruction and expert analysis to pinpoint the design defect and who is responsible.
Depending on the circumstances, liable parties for a defective road design that caused a motorcycle crash may include:
- The government agency that approved the plans
- The engineering firm that designed the roadway
- The construction company that built the road
- Inspectors who failed to identify or correct the hazardous design
If your attorney can show that the road design created an unreasonable risk of motorcycle accidents - and that the defect directly led to your crash - you may have a case against one or more of these entities.
How a Milwaukee Motorcycle Accident Lawyer Can Help
While any traffic accident can turn your life upside down, motorcycle crashes tend to be particularly devastating due to riders' exposure and vulnerability. If you suspect your wreck was caused by dangerous road conditions, it's crucial to consult with a Milwaukee motorcycle accident attorney as soon as possible to discuss your legal options. The sooner your lawyer can start investigating, the stronger your claim against the government will be.
At Hupy and Abraham, we have extensive experience going up against cities, counties, and state agencies on behalf of injured motorcyclists across Wisconsin. We understand the complex requirements for bringing suit against a government entity and know how to build a compelling case for maximum compensation.
With a long track record of success handling motorcycle accident claims, our law firm is committed to helping riders get every dollar they deserve after a wreck caused by negligence. Our team thoroughly investigates each case, consults with top experts, and aggressively advocates for our clients in negotiations and at trial.
