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Potholes, debris, and dangerous conditions that cars drive over safely can send motorcycles into deadly crashes. Cities, counties, and contractors can be held liable.
Conditions that a car would drive over without notice can be catastrophic for motorcycles:
Even small potholes can destabilize a motorcycle. Deep ones can cause loss of control and ejection.
Loose gravel, sand, or debris on turns reduces tire traction and causes slides.
Slippery spots from vehicle leaks, especially at intersections where cars stop.
Uneven surfaces, steel plates, unmarked lane changes, and missing signs in work zones.
Bridge expansion joints and drainage grates with slots parallel to travel catch motorcycle tires.
Curves, stops, and hazards without proper warning signs catch riders off guard.
Responsible for maintaining local roads, streets, and intersections. Can be liable for failing to repair known hazards or conduct reasonable inspections.
Maintains state highways, interstates, and bridges. Same GTCA rules apply, with state-level notice requirements.
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.
If debris, water runoff, or other hazards originated from private property and created road dangers, the property owner may share liability.
The Oklahoma Governmental Tort Claims Act (GTCA) creates procedural hurdles you must clear:
| Requirement | Details |
|---|---|
| Tort Claims Notice | Written notice must be filed within 1 year of the accident—NOT 2 years like regular claims. |
| Notice Contents | Must include date, location, description of incident, injuries, and claimed damages. |
| Waiting Period | Must 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 Damages | Punitive damages are not allowed against government entities under GTCA. |
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.
The hazard may be repaired within hours or days. Document everything immediately:
Get photos of the pothole, debris, or condition from multiple angles with something for scale.
GPS coordinates, cross streets, mile markers—be specific enough to find it again.
Other motorists, nearby business employees, anyone who saw the crash or the hazard.
Insist the officer document the road condition that caused the crash.
File a formal complaint about the hazard—creates a paper trail of notice.
We subpoena inspection logs, complaint records, and repair histories for the location.
Government entities and contractors can be held accountable for road hazards that cause motorcycle crashes. We handle the complex procedural requirements.
No Fee Unless We Win