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Motorcycle Accidents

Road Hazard Motorcycle Crashes

Potholes, debris, and dangerous conditions that cars drive over safely can send motorcycles into deadly crashes. Cities, counties, and contractors can be held liable.

Key Takeaways

  • Government claims have special rules: 1-year notice deadline, damage caps, and procedural requirements
  • Contractors may be liable: Construction companies don't have government immunity
  • Document immediately: Photograph the hazard before it's repaired—key evidence may disappear

Road Hazards That Cause Motorcycle Crashes

Conditions that a car would drive over without notice can be catastrophic for motorcycles:

Potholes & Cracks

Even small potholes can destabilize a motorcycle. Deep ones can cause loss of control and ejection.

Gravel & Debris

Loose gravel, sand, or debris on turns reduces tire traction and causes slides.

Oil & Fluid Spills

Slippery spots from vehicle leaks, especially at intersections where cars stop.

Construction Hazards

Uneven surfaces, steel plates, unmarked lane changes, and missing signs in work zones.

Expansion Joints & Grates

Bridge expansion joints and drainage grates with slots parallel to travel catch motorcycle tires.

Missing/Obscured Signs

Curves, stops, and hazards without proper warning signs catch riders off guard.

Who Is Liable for Road Hazard Crashes?

City or County Government

Responsible for maintaining local roads, streets, and intersections. Can be liable for failing to repair known hazards or conduct reasonable inspections.

Oklahoma Department of Transportation (ODOT)

Maintains state highways, interstates, and bridges. Same GTCA rules apply, with state-level notice requirements.

Construction Contractors

Private companies don't have government immunity. If a contractor created the hazard or failed to maintain safe conditions in a work zone, they can be sued directly.

Property Owners (Adjacent Land)

If debris, water runoff, or other hazards originated from private property and created road dangers, the property owner may share liability.

Special Rules for Government Claims

The Oklahoma Governmental Tort Claims Act (GTCA) creates procedural hurdles you must clear:

RequirementDetails
Tort Claims NoticeWritten notice must be filed within 1 year of the accident—NOT 2 years like regular claims.
Notice ContentsMust include date, location, description of incident, injuries, and claimed damages.
Waiting PeriodMust wait 90 days after filing notice before filing a lawsuit.
Damage Caps$175,000 per person / $1,000,000 per occurrence (higher than prior caps).
No Punitive DamagesPunitive damages are not allowed against government entities under GTCA.

Critical Deadline Warning

Missing the 1-year notice deadline means your claim is barred forever—no exceptions. If a government entity may be responsible, contact an attorney immediately.

Gathering Evidence After a Road Hazard Crash

The hazard may be repaired within hours or days. Document everything immediately:

Photograph the hazard

Get photos of the pothole, debris, or condition from multiple angles with something for scale.

Mark the exact location

GPS coordinates, cross streets, mile markers—be specific enough to find it again.

Get witness information

Other motorists, nearby business employees, anyone who saw the crash or the hazard.

File a police report

Insist the officer document the road condition that caused the crash.

Report to 311

File a formal complaint about the hazard—creates a paper trail of notice.

Request maintenance records

We subpoena inspection logs, complaint records, and repair histories for the location.

Frequently Asked Questions

Yes, but with significant limitations. Oklahoma's Governmental Tort Claims Act (GTCA) allows claims against cities, counties, and the state for negligent road maintenance—but you must file a Tort Claims Notice within one year of the accident. Government entities also have damage caps. These cases require proving the government knew or should have known about the hazard and failed to fix it or warn drivers.
Construction zone crashes may create liability for the construction contractor, the government entity that hired them, or both. Contractors have a duty to maintain safe conditions, mark hazards properly, and ensure traffic can navigate safely. If signs were missing, cones were inadequate, or surfaces were dangerously uneven, the contractor may be liable without government immunity protections.
We gather evidence of 'notice'—prior complaints, 311 calls, maintenance records, previous accidents at the same location, and inspection reports. We also argue 'constructive notice'—if the hazard existed long enough that reasonable inspections would have found it, the government is deemed to have known. A pothole that's been there for months should have been discovered and fixed.
Under the GTCA, you must file a written Tort Claims Notice within one year of the accident—NOT two years like other personal injury claims. Missing this deadline bars your claim forever. After filing the notice, you must wait 90 days before filing a lawsuit. Contact an attorney immediately if a government entity may be responsible.

Crashed Due to a Dangerous Road?

Government entities and contractors can be held accountable for road hazards that cause motorcycle crashes. We handle the complex procedural requirements.

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