The rider, even when responsible and following the rules of the road, could enter an area of a roadway with something terribly wrong that is impossible to avoid. In these cases, the agency responsible for road maintenance could be liable.

Dangerous riding surfaces and road maintenance

Various governmental agencies are responsible for maintaining the condition of the roadways, whether private, city, county, state, or federal. The area of roadway where the accident occurred must be evaluated to discover the cause of a motorcycle accident with injuries. Some of the most common road problems that can pose a serious risk to a rider include:

  • Debris on the roadway: Debris that has fallen off a vehicle poses a very serious danger to motorcyclists. The agency tasked with keeping that roadway free from debris may have failed to remove it in a timely manner.
  • Missing pavement, potholes, or gravel on the roadway: Potholes are one of the most common issues affecting the roadways in San Jose. A rider hitting a pothole can be thrown off balance or have a tire blowout after hitting a pothole or skid out of control on gravel with no warning.
  • Faulty traffic signals: A malfunctioning traffic signal can lead to serious problems in moving traffic, with drivers taking risks to try to get through the intersection that could result in them hitting a motorcycle rider.
  • Construction zone issues: Hazardous conditions such as a lack of warning signs to alert drivers of lane closures or merges, dangerously uneven driving surfaces, or vehicles entering or leaving driving lanes in a dangerous manner can trigger a motorcycle accident.
  • Dead animals on the roadway: California has suffered an epidemic of accidents related to wildlife on the roadway, with 12 people dying and 224 suffering injuries over a two-year period, as reported by SFgate. A dead animal that remains on the road without being removed can cause a serious or deadly motorcycle accident on impact.
  • Poorly designed roads or streets: All roads and streets are designed to be as safe as possible, but in some cases the road design itself can be proven to have contributed to an accident.
  • Faulty drains leading to flooding: The road drainage system is designed to quickly and efficiently drain away excess water to keep the streets, expressways, and freeways safe. A drain that is clogged with debris can lead to flooding, posing an extreme risk to motorcyclists.
  • Faulty or missing lights: Street lighting increases safety throughout the city and on the expressways and freeways in the San Jose area. When a light no longer works, it can create a dangerous driving environment.
  • Missing barriers or guardrails: When a motorcyclist impacts a guardrail, the type of guardrail may be exceptionally dangerous to a rider who is thrown from a bike after being hit by a vehicle or impacting debris, a pothole, or dead animal on the road.
  • Faded lines between lanes: Faded lines separating lanes can be extremely dangerous, particularly in rainy weather.

We investigate every fact to determine who is liable

At The Swanson Law Group, our team will fully investigate the facts in a motorcycle accident to determine if any government agency may have failed to repair a known danger. When the agency is identified, a claim can be filed against that agency to seek compensation for the injured rider.

Some of the individuals and agencies that are responsible for designing, building, and maintaining the streets and highways in the San Jose area include:

  • A property owner who has failed to maintain the curb and gutter adjacent to their property (San Jose Municipal Code)
  • The City of San Jose
  • Santa Clara County Roads and Airport Department
  • San Jose Animal Care & Services (dead animal on roadway causing an accident)
  • Santa Clara County Animal Control
  • Cal-Trans
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Types of motorcycle accident injuries

The injuries sustained in an accident caused by a dangerous road condition can be very serious, catastrophic, or fatal. They may include:

  • Traumatic brain injuries
  • Spinal cord injuries
  • Broken bones
  • Severe lacerations, contusions, and other soft tissue injuries
  • Internal injuries
  • Broken bones
  • Neck injuries
  • Head injuries
  • Back injuries
  • Joint injuries

Trial attorneys that go above and beyond for you

At The Swanson Law Group, you will be under the care of a team of trial attorneys that go above and beyond in service:

  • We offer financial support for our clients until the case is settled or a verdict is reached at trial.
  • We provide access to a network of excellent physicians and specialists to administer treatment and care without the need for payment until the case is resolved.
  • We are caring, supportive, empathetic, service oriented, and health-conscious for our clients.
  • We are relentless, dangerous, strategic, unstoppable, and fearsome to the insurance industry.
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Free case evaluation: No legal fees until your case is resolved

Our mission is to help those who are hurt in accidents get their health back and recover top compensation for their injuries. Clients universally state that without The Swanson Law Group, they wonder how they would have made it through. Call us today for a free case evaluation with no obligation — just honest answers. 

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