Earlier this week, in a tragic accident in Minneapolis, a motorcyclist died when his motorcycle hit a pothole and sent him flying from his bike. According to a report by a local CBS affiliate, the accident occurred on I-394 just before 10 p.m. Apparently, at the time of the accident, the motorcyclist was traveling at speeds of up to 100 miles per hour at the time of the accident.
The size of the pothole, or “crack” as some are calling it, is in dispute. Police claim that, no matter what the size of the crack or pothole was, given the speed at which the driver was traveling, a disaster was almost certain.
The report points out that this time of year, roads are even more hazardous to drivers than normal. This can be due to a number of reasons including the freeze-thaw cycle, excess rain water that can make roads especially slippery and also wash gravel and other debris onto Maryland highways.
The Freeze-Thaw Cycle and Maryland Roadways
As rain or snowmelt seeps into small cracks in the road and then freezes, it expands. This expansion creates excess pressure on the roadway surface, creating potholes, cracks, and uneven pavement. As more vehicles drive over the damaged pavements, the damages gets more and more pronounced.
During times with excessive rain, such as these past few months, the incidents of poor roadway conditions increase drastically. Eventually, the state government must repair the roads.
The State’s Duty to Maintain Safe Roads
Generally speaking, it is the government’s duty to ensure safe roads. However, the government can only fix roads that they know need their attention. For this reason, Maryland accident victims are generally not able to recover unless the state, county, or local government knew that the pothole, crack, or unsafe road condition existed and didn’t do anything to fix it.
However, there may be other avenues to recovery for a Maryland motorcycle accident victim in pothole accident cases. In same case, the company hired to complete the work leaves the road in an unsafe condition. In these cases, the accident victim may be able to hold that construction company liable for any injuries sustained as a result of the accident.
Determining Fault in Maryland Motorcycle Accidents
In the above case, the motorcyclist was driving at over an estimated 100 miles per hour. If this is indeed the case, that driver might be found to have contributed to the accident which caused his death. In Maryland courts, such contributory negligence may be enough to bar recovery for a Maryland accident victim. To find out more about the Maryland laws that allow motorcycle accident victims to recover for their injuries, contact an experienced Maryland personal injury attorney.
Are You in Need of a Maryland Personal Injury Attorney?
If you or a loved one has recently been involved in a Maryland motorcycle accident, you may be entitled to monetary damages based on the other driver’s negligence or the State’s failure to maintain safe roads. The law firm of Lebowitz & Mzhen is a preeminent Maryland personal injury firm that knows what it takes to recover for their clients. Lebowitz & Mzhen has a team of dedicated personal injury lawyers ready to speak with you about the specific facts of your case. Click here, or call 410-654-3600 today to speak with an experienced and dedicated Maryland personal injury attorney.
More Blog Posts:
Los Angeles County Must Pay Out $770,000 For Negligent Road Repairs, Maryland Motorcycle Accident Lawyer Blog, published March 4, 2014.
Motorcyclist Killed When He Was Cut Off By SUV in North Carolina, Maryland Motorcycle Accident Lawyer Blog, published March 11, 2014.