Motorcycle accident cases involving hazardous road conditions
Some common types of hazardous road conditions include:
Motorcycle accidents involving berms or low road shoulders
Berm and shoulder dropoffs: A berm area
which is two inches or more beneath the surface of the traveling roadway
is a possible hazardous area.
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Motorcycle accidents involving ice
Isolated ice patches: Isolated ice patches
occur when the weather is very cold, it has not rained or snowed, and
there is inadequate drainage for the roadway. Therefore, the water
freezes and the road becomes a hazard to the traveling public, and
especially to motorcyclists. The governmental entity responsible for the
road, as well as the landowner from where the water source emanates,
could be responsible for any accidents or injuries that occur.
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Oil and Chip roads
Failure of oil and chip operations: Rather
than overlaying a roadway with an asphalt bituminous mixture of one inch
of materials or more, certain governmental agencies would rather apply a
petroleum solution and then cover that with an aggregate base which is
referred to as an "oil and chip operation". A substantial number of oil
and chip operations fail yearly whereby the aggregate material placed on
top of the petroleum surface is lost and what exists is a petroleum base
which can become very slippery when hot and wet. These conditions are
especially hazardous for motorcycles. It is important to look for these
types of problems on curves of roadways where they occur most
prominently.
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Motorcycle accidents due to fixed objects in road
Clear zone issues: Did a fixed object
located in the "right of way" of the roadway cause an accident? Examples
include: utility poles, trees, narrow bridge abutments without proper
paddle signs, uncovered culverts or drainage facilities.
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Median-related accidents
Median Barriers: On four lane highways
where the average daily traffic counts are substantial, the requirements
of the design manual for roadways are such that a jersey barrier (a
raised concrete barrier thirty inches in height or greater) is
recommended in certain circumstances and required in others. Areas of
concern arise when raised medians of only four to eight inches in height
are used as dividers. When a biker comes in contact with these dividers,
the motorcycle may become airborne resulting in an accident.
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Motorcycle accidents in construction zones
Work zone safety: All construction zones
whether done in house, by a state Department of Transportation, or
performed by local municipalities have certain work zone safety
requirements that they are supposed to follow pursuant to state code.
Accidents in construction zones are often the result of improper and
confusing signs, and have even critically injured construction workers
who are working at these sites.
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Motorcycle accidents due to improperly marked roads
Positive Guidance: Was a road properly
marked to warn drivers and bikers or guide them through a roadway? This
issue arises frequently on very curvy roads where yellow advisory signs
with black arrows on them should be used to delineate the curving nature
of a roadway. Additionally, yellow speed placards with advisory speed
signs on them are also modes of positive guidance. Other examples of
positive guidance include the use of edgelines and line striping on
roadways.
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Motorcycle accidents due to non-standard intersection features
Intersection Geometry: Does a given intersection lend itself to sight distance problems resulting in a possible hazard? For example:
- Were mirrors installed to help riders turn at certain intersections where the slope of the roadway is extreme?
- Does an object such as a naturally growing tree, telephone poles, or sign in front of businesses block the driver or motorcyclist's sight view?
- Are the roadways narrow or are there narrow bridges? Some states have recommended widths of newly constructed roads. In some instances, there are still numerous roads where the surface does not meet the state's recommendations. This can create a possible hazard since it may be difficult to keep a vehicle on the road.
Motorcycle accidents involving potholes
Potholes: Some states require prior
notification that a pothole existed. It is recommended that an attorney
check to see if such notice was on hand and when it was received.
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Wheel rutting on roads that need resurfaced
Wheel Rutting: Wheel rutting occurs when
roads have not been resurfaced in over 10 years. These roads have a
greater propensity for hydroplaning when a driver or motorcyclist is
going over 40mph, thus creating hazardous conditions.
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Motorcycle accidents involving skidding
Slippery When Wet Signs: The existence of these signs on a road in an area where an accident occurs indicates that a substandard skid resistance exists on that road. The presence of a Slippery When Wet sign on a roadway, either municipal or state, shows that a skid resistance test has been done on the roadway and that the roadway does not meet the requirements of having a non-hazardous roadway surface. The placement of this warning sign is an attempt by the department to warn drivers of the hazards which may exits when it rains.
Therefore, any case where the police report or photographs show or
mention a Slippery When Wet sign, and the accident has occurred either
during a rain, or shortly after, or where there is a water runoff
problem onto the roadway, especially in hot summer weather may be a
prime candidate for moving forward against the governmental entity for a
claim for a roadway defect.
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