What if The Government is At Fault for Your Motorcycle Wreck?

When we think of motorcycle wrecks, we often think about two motorists colliding. Many of these wrecks are due to another motorist not paying enough attention, and then colliding with the biker. What if the government is the at-fault party, though?

The Car Crash Captain takes a look at what can happen if your motorcycle wreck is caused due to city or municipality oversight.

How the City Could be At Fault

According to the Texas Tort Claims Act, governmental entities – which includes cities and municipalities – may be held liable for injuries resulting from road hazards. This, of course, comes with certain exclusions and provisions.

Knowledge – The city must have knowledge of the hazardous condition. Suppose you hit a pothole and wreck, if the pothole is big enough to cause a crash, it has probably been around long enough that they city knows about it.
Risk – The hazard has to pose an “unreasonable risk of harm.” If the hazard is some dirt on the road due to city trucks coming and going, that’s probably not an unreasonable risk.
Negligence – If the hazard is known, and poses a significant risk, the city can’t have it fixed overnight. But if they ignore or fail to act on the repairs, then it’s considered to be negligent on their part.
Causation – If all of the other factors are met, it must be shown that the hazard led to the wreck. If you hit a pothole, but later crash while avoiding a cat in the road, that’s not causation.

Once we establish that the city knew about the hazard, and failed to act in a timely manner to repair it, then we can move forward.

There are Deadlines and Caps

In the Texas Tort Claims Act, there are certain rules to follow when making a claim. Just like the statue of limitations in any other wreck, a motorcycle wreck with a hazard needs to be submitted in a timely manner.

Deadline – The deadline to submit a written notice to the city is within six months of the incident.
Description – That written notice should include a description of what happened, what injuries or damage were sustained, and the time and place of the incident.
Damages – Damages are capped depending on who is determined to be at fault. The state caps out at $250,000 per person; most cities cap out at $100,000 per person.

It Might not be The Government’s Fault

Just because the motorcycle wreck happened on a public roadway doesn’t mean the city or government is at fault. There are instances where another party might be liable.

Private Property – If the wreck occurred because a hazard was transported from private property onto the roadway, the property owner may be liable. For instance, if a branch falls into the road.
Hazards from an Individual – If the hazard comes from another individual. For instance, if cargo falls out of the back of a pickup or commercial vehicle, the city wouldn’t be liable.
Construction Companies – Sometimes a construction company might be liable. If their gravel or dirt spills onto the public roadway, or if their equipment has caused damage to the existing road.

Herbert Law Group Helps Motorcycle Wreck Victims

Regardless of who is responsible for your motorcycle wreck, Herbert Law Group is here to help. We’re in the business of helping you find justice.

If the city or state government is negligent, we will ensure that your case is pursued so you can receive compensation that helps you heal from your injuries.

If another party was found to be negligent, we will work hard to figure out who is liable, and pursue justice.

Let’s talk about what happened. Call our offices at 214-414-3808 and we’ll have a free conversation to determine how we can help. No time for a call right now? Fill out the contact form and we’ll get something scheduled.