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:
| 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. |
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
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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