Is the Government Ever Liable for a Motorcycle Accident?
Motorcycle accidents often raise questions of liability – typically focusing on another driver, a manufacturer defect, or sometimes even the motorcyclist themselves. But what about the government? Can a city, county, or state ever be held responsible for a motorcycle crash? The answer is yes, under certain circumstances.
When the Government May Be Liable
The most common scenarios when the government may be liable for a motorcycle accident are when there are dangerous road conditions, a government entity failed to warn, and when there was poor road design.
Let’s take a look at each.
Dangerous Road Conditions
Governments have a duty to maintain reasonably safe roads.
If a roadway is poorly designed, inadequately maintained, or contains hazards that the government knew about, or should have known about, liability may arise.
Examples include:
- Large potholes left unfilled for long periods,
- Poor drainage causing standing water or ice,
- Uneven pavement or broken guardrails, and
- Construction zones with inadequate warnings.
Because motorcycles are more vulnerable to road conditions than cars, these hazards can be especially dangerous.
Failure to Warn
Sometimes the road itself may not be defective, but the absence of proper warnings can create liability.
If a curve, drop-off, or intersection is unusually dangerous and lacks proper signage, riders may be caught off guard.
In such cases, the failure to warn of foreseeable dangers can be grounds for an injury claim.
Negligent Road Design
If a highway or intersection was poorly designed, such as having blind spots, improper grading, or unsafe merging lanes, the government entity responsible for the design may share liability for accidents that result from those flaws.
The Challenges of Suing the Government
Bringing a claim against a government agency is not the same as suing a private driver or company. Key differences include:
- Sovereign Immunity: Governments are often protected by immunity, meaning they can’t be sued unless laws (such as the Federal Tort Claims Act or state tort claims acts) specifically allow it.
- Strict Deadlines: Unlike standard personal injury cases, claims against the government usually require filing a “notice of claim” within a short window. This window is sometimes as little as 60–90 days.
- Damage Caps: Some states place limits on how much compensation can be recovered from a government entity.
Because of these obstacles, pursuing a case against the government requires careful navigation of procedural rules.
Contact Justice Through Compensation for Help
If you or a loved one was injured in an accident, please know that the law firm of Justice Through Compensation is here to help. Our legal team is skilled, experienced, and passionate in their representation. Let us shoulder the burden of an injury claim or lawsuit while you focus on healing from your injuries. Contact us today for the quality legal help you deserve.