Most Maryland motorcycle accidents involve the negligence of one or more motorists. Negligence takes many forms, such as impaired driving, distracted driving, fatigued driving, aggressive driving, and failure to abide by traffic laws. However, road conditions or poor road design may be the sole cause or contribute to a motorcycle accident in some cases. Road conditions such as missing guardrails, large potholes, erosion, and other unsafe aspects of a roadway can result in serious accidents. Similarly, faulty road design can also contribute to a car accident. However, establishing that faulty design contributed to an accident can be challenging to injury victims and their loved ones.
For example, news reports described an accident involving a 22-year-old man. According to police, they responded to an accident on a highway exit ramp. An investigation revealed that the motorcyclist was proceeding west when he reached the crest of a hill jammed with traffic from a red light. Police speculate that the motorcyclist lost control of his bike while avoiding colliding into the stopped traffic. Emergency responders transported the man to a local hospital, where he succumbed to his injuries.
After accidents of this nature, the injury vicitm or their representative must prove that the faulty road conditions caused the accident. For instance, a victim may allege that the accident was caused by missing signs, unkempt trees blocking views, or faulty traffic lights. However, more pertinent is whether the agency, company, or organization responsible for the roadway was negligent in the road’s design, maintenance, or repair. After determining the party responsible for maintaining the roadway, the victim must prove that the entity was negligent in their responsibilities or duties.