For as long as I can remember, the legal field has always fascinated me. While my friends watched sitcoms and cartoons, I chose to watch courtroom dramas and real life trials unfold. There was never really any question as to what I wanted to be when I got older. The only profession for me was that of a trial lawyer. Unfortunately, a serious car accident several years ago changed all that. Now, my injuries prevent me from leaving my home most days. However, my love for the law has never went away. While I may not be able to realize my dreams of becoming a trail lawyer, I still wish to help people with their legal problems. That is why I decided to start this blog. It is my hope that the information contained in these pages will help other accident victims like me when filing their personal injury claims.
Motorcyclists have to contend with significantly more hazards on the roads than autos, simply because the bike is smaller and more easily damaged than the average auto and riders are more exposed than drivers who are sitting behind windshields and airbags. That's why small potholes and ordinary gravel (which aren't of much concern to the average driver) can present a serious danger to the motorcyclist. If a small pothole or a loose bit of gravel causes your bike to spin out of control, this is what you should know.
Who is liable for the hazard?
There's no simple answer in a case where the accident is caused by a pothole or gravel because each situation is unique. In order to determine if you have a case, your attorney will have to find out how the pothole or gravel came to be where it was and who has the responsibility for maintaining the safety of the road. There are several issues that can come into play:
Will you be suing a private party or the government?
It's generally a little more difficult to sue a city or state than it is to sue a private party (though not impossible, by any means). At the very least, it can affect the time limits that you have on deciding to take action. Many jurisdictions require you to first file a notice of your claim against the government before you can take action to sue–and you may only have 30 days following the accident in which to do so. If you delay, you can be barred from pursuing your case.
If the road is owned by a private party or a private company was responsible for creating the hazardous condition that caused your wreck, the time limits are somewhat longer. You'll have at least a year to file your lawsuit, and quite possibly much longer, depending on your state.
For more information on what to do if you've been in a motorcycle accident due to a pothole or loose gravel, talk to an attorney in your area.www.cokkinzlerlaw.com Share
23 February 2016