Motorcycle Accidents From a Poorly Maintained Road

Answer:

If you’re in a wreck on a motorcycle, and the wreck is caused by a poorly maintained road, the question there is, what kind of claims would you have? That’s a complicated answer that requires serious legal sophistication to deal with. You have the right potentially to make a claim against the local highway district for poor maintenance of a roadway, particularly if it’s a dangerous condition for which they have been given prior notice. If you have such a claim, there are some complications to it. Number one is you have to react quickly because Idaho has a requirement that county highway district is a state governmental entity or a county governmental entity or a city entity, usually a county. All governmental entities, if you have claims against them, have a requirement that they be provided with written notice of such claim within six months of the incident. You have two years in order to file a lawsuit under the Idaho statute of limitations. A claim against a governmental entity has the additional timing requirement that providing them with notice of that claim, and we call it filing a tort notice, within 180 days of the accident.

Yes, there is a potential claim. It has to be evaluated as to whether or not the condition of the roads were that caused your wreck was such a manifestly dangerous condition that the highway district either knew or should’ve known was presenting any unreasonable danger to the motoring public and you’d have a perfect right to pursue that claim. As I’ve said, that’s a complicated claim that requires some legal sophistication. Our law firm has more of these types of claims probably than any other in Idaho. We have a lot of legal horsepower here. We’ve been pursuing such claims for over 50 years. If you have such a claim, bring experience on your side because you’re going to need it and the other side is going to have it for sure. Feel free to call any time and speak with any of our lawyers because we all work together. We’ve all been pursuing the same type of work together including such claims.