WSMV reported that one of its viewers captured the aftermath of a motorcycle accident which happened in Nashville. The viewer witnessed a male driver and female passenger hit a pothole. The passenger flew off the motorcycle. Metro Police reported that her status has improved from critical to stable. Fortunately, her husband was not injured.
The Tennessee Department of Transportation (TDOT) closed down the eastbound lanes so the pothole could be repaired. A TDOT representative stated that the heavy weekend rains likely created the pothole or worsened an existing pothole.
Who is liable for her crash?
If Tennessee was aware of the pothole, and had taken no steps to fix it by the time the woman wrecked her bike, then she may have a claim against the Tennessee Department of Transportation. Generally, the victim must be able to show that TDOT had actual knowledge for a long time of a dangerous condition and that TDOT failed to do the necessary repairs.
Now, if the pothole is on a local road, then she would have to file her claim with the town which maintains that road. If she were on federal land, then the claim would have to go to the federal government.
The government gets 90 days to review the claim, and would need two different estimates if she wanted to claim property damage.
Why road objects are so dangerous to motorcycle passengers
Motorcycles offer no protection for riders. For this reason, motorcycle operators need to take every step to anticipate roadway risks and to avoid them – or maneuver around them. Potholes are just one road-danger for motorcycle drivers and passengers. Roadway hazards that can cause a motorcycle operator to lose control include:
- Wet surfaces which can cause hydroplaning
- Dead animals such as squirrels and other rodents
- Gravelly roads
- Uneven surfaces especially in construction areas
- Bridge joints
- Leaves
- Oily slick surfaces
- Trolley tracks
- Railway tracks
- Snow and ice
- Puddles
Roads may also be filled with debris such as boxes, tire-treads, rocks, and tree branches.
Motorcycle crashes can cause catastrophic injuries such as spinal cord damage, traumatic injury, and broken bones. In 2018 so far, 40 motorcycle riders have died – only 4 fewer than that total for all of 2017. If your loved one dies in a crash with another rider or driver, or because of the negligence of another person or entity, you may be able to file a survival action, or a wrongful death lawsuit. Our founder T. Scott Jones is a record-holding motorcycle racer, who understands what kinds of dangers riders face. We know what it takes to build a successful claim for compensation against the government or another negligent person.
Banks and Jones always Fights 2 Win for injured motorcycle riders. If you were hurt in a crash, or if you need an experienced Knoxville injury lawyer to protect and uphold your rights, please call us at 865-546-2141, or fill out our contact form to schedule an appointment.
T. Scott knows the importance of interacting with colleagues to stay abreast of developments and changes in the legal world. T. Scott frequently teaches CLE courses on trial strategy, teaching other lawyers his methods for success in the courtroom, and is certified as a Rule 31 Mediator in the Tennessee Supreme Court. He is a member of the Knoxville Bar Association, the Tennessee Bar Association, the National Trial Lawyers, and both the Tennessee and American Associations for Justice.
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