A pothole, loose gravel, construction debris, broken pavement, or an object left in the roadway can be dangerous for any driver. For a motorcyclist, the consequences can be far more serious. A hazard that a passenger vehicle might roll over without incident can cause a rider to lose traction, be thrown from the motorcycle, or swerve into another lane of traffic.
If a dangerous road condition caused your motorcycle crash in Henderson or elsewhere in Nevada, you may still have a claim for compensation even when another driver did not directly hit you. The harder question is determining who was responsible for the hazard and whether that person, company, or government entity can be held legally liable.
At DBLF Injury Lawyers, we investigate motorcycle crashes to determine how they happened, who may be responsible, and what sources of compensation may be available to an injured rider.
Motorcycles have a much smaller contact area with the pavement than passenger vehicles, which makes road conditions particularly important. Hazards that can contribute to a serious motorcycle crash include:
Nevada law addresses warning signs and safety measures in highway construction areas where road conditions may require warnings to the traveling public. You can review Nevada’s highway laws through the Nevada Legislature.
The existence of a hazard alone, however, does not automatically establish liability. An investigation must identify why the dangerous condition existed, how long it had been there, and who had responsibility for creating, controlling, or correcting it.
There is no single answer. Depending on how the hazard developed, several different parties could potentially bear responsibility.
Some Nevada roads are maintained by state or local government agencies. A claim may arise when a public entity is legally responsible for a roadway condition and its negligent conduct contributed to a crash.
Claims against public entities are different from ordinary personal injury claims. Nevada has waived sovereign immunity in certain circumstances, allowing lawsuits against the State and its political subdivisions, but numerous statutory limitations and immunity provisions still apply. These rules are set out in Nevada Revised Statutes Chapter 41.
For example, Nevada law provides government entities with certain protections involving claims based on a failure to inspect a street or public highway or discover a hazard. That makes the details surrounding notice, maintenance activity, previous complaints, road work, and the government’s conduct particularly important.
A rider should not assume that a city, county, or state agency is automatically liable simply because the crash occurred on a public road—or assume that a government claim is impossible. These cases require careful analysis of Nevada’s governmental-liability laws.
Road construction creates its own set of motorcycle hazards.
A contractor may leave gravel in a traffic lane, create an unexpected pavement drop, improperly position a steel plate, fail to secure equipment, or establish a traffic pattern that exposes riders to an unreasonable risk.
Evidence in these cases may include:
Determining who actually controlled the section of roadway can be crucial because multiple contractors and public agencies may be involved in the same project.
Sometimes the “road hazard” was created only moments before the motorcycle encountered it.
A pickup truck may lose unsecured equipment. A commercial vehicle may drop cargo. A damaged vehicle can leave debris in a traffic lane. Fluids may leak from a poorly maintained vehicle and create a slick surface.
In that situation, the driver, vehicle owner, trucking company, cargo-loading company, or another private party could potentially be responsible.
Even when the vehicle that created the hazard is gone by the time the motorcycle crashes, an attorney may be able to investigate traffic cameras, nearby surveillance video, witness accounts, police reports, or physical evidence in an effort to identify the responsible party.
Road-hazard cases usually come down to evidence.
Generally, an injured motorcyclist must establish that another party owed a legal duty, failed to act with appropriate care, and that the failure caused the crash and resulting injuries.
Consider a large pothole as an example. It may not be enough to photograph the pothole after the accident. Important questions could include:
How long was it there? Was it previously reported? Had crews worked in that location? Were warning signs present? Who controlled the roadway? Had other crashes or complaints occurred in the same area?
For construction debris, the investigation might focus instead on who performed the work, what safety procedures were required, and whether workers knew debris had entered an active lane.
That is why preserving evidence quickly can make such a significant difference.
If your physical condition allows it, photograph or record the hazard as soon as possible. Road conditions can change rapidly. A pothole may be repaired, gravel may be swept away, construction equipment may move, and debris can disappear within hours.
Useful evidence may include:
The Nevada Department of Transportation also provides roadway and travel information, including access to Nevada 511 resources. Depending on the location and timing of the crash, roadway-condition information or traffic-camera records may become relevant to an investigation.
Do not put yourself in danger by remaining in an active traffic lane to collect evidence. Your health and immediate safety come first.
Being accused of contributing to the accident does not necessarily eliminate your claim.
Nevada follows a modified comparative negligence system. Under NRS 41.141, an injured person may generally recover when their negligence is not greater than the negligence of the party or parties from whom compensation is sought. Any award can be reduced according to the injured person’s share of responsibility.
Suppose an insurer claims you were traveling too fast when you encountered loose gravel. That argument does not automatically end the case. The evidence must be evaluated to determine whether the roadway hazard, your actions, or a combination of factors caused the crash and how responsibility should be allocated.
Motorcyclists should also be cautious about accepting an insurance company’s version of events before the accident has been independently investigated.
The damages available depend on the circumstances of the accident and the severity of the injuries. A successful Nevada motorcycle accident claim may seek compensation for losses such as:
Serious motorcycle crashes can result in traumatic brain injuries, spinal injuries, fractures, road rash, nerve damage, and other conditions that require treatment long after the initial accident. A claim should account for the full impact of an injury rather than simply the bills that have accumulated immediately after the crash.
Timing matters.
Nevada generally provides a two-year statute of limitations for personal injury actions arising from another party’s wrongful act or neglect. The applicable limitations periods can be found in Nevada Revised Statutes Chapter 11. Exceptions may apply depending on the circumstances.
Cases involving governmental defendants can also involve additional procedural requirements. Nevada law establishes specific rules for tort claims involving the State and political subdivisions.
More importantly, waiting can make a road-hazard case much harder to prove even when the legal deadline is still months or years away. Roads are repaired. Construction projects move forward. Surveillance video is overwritten. Witnesses become harder to locate.
An investigation conducted shortly after the crash has a much better chance of documenting the condition that actually existed when the accident happened.
When another vehicle never touched your motorcycle, it is easy to assume the crash was simply an accident and there is no one against whom a claim can be made.
That is not necessarily true.
A dangerous road condition may trace back to negligent construction, improper maintenance, unsecured cargo, another vehicle, a contractor, or a public entity. In some cases, more than one party may share responsibility.
The attorneys at DBLF Injury Lawyers can investigate what caused the crash, identify potentially responsible parties, preserve evidence, deal with insurance companies, and determine what compensation may be available under Nevada law.
If you were injured because of a pothole, loose gravel, debris, dangerous construction zone, or another roadway hazard, contact the Henderson motorcycle accident lawyers at DBLF Injury Lawyers to discuss your case.
This article is for general informational purposes and does not constitute legal advice. The outcome of any claim depends on its individual facts and applicable Nevada law.
