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My biker friend just got seriously injured riding over a pothole and losing control of his motorcycle.

Q:

My biker friend just got seriously injured riding over a pothole and losing control of his motorcycle. The unsafe road surface was not signaled and impossible to see in the dark. Can he file a claim, and against whom?

A:

The responsible party, when a crash is directly caused by road hazard, is most likely to be the state of Colorado, or the county, city or other public agency that is in charge of the road's maintenance. You will have to prove that the party was aware of the bad state of the pavement - for instance that this situation was present for a sufficient time to have allowed repairs to be performed - and that the danger zone was not signaled or cordoned. It certainly helps your case if you can establish that other drivers and bikers have experienced crashes or near-crashes at the same place.

It is also possible that an expert may help demonstrate that your friend's accident was inevitable and could not have been caused by anything other than the road's bad state. However, claiming for compensation from the state or a public entity involves more than just dealing with the other party's insurance company. The experience and clout of a personal injury lawyer may be indispensable in such cases.

Motorcycle accident attorney Robert J. Anderson's new FREE book, Top Ten Mistakes That Can Destroy Your Personal Injury Claim, is a must-read for those who are claiming for compensation after an accident caused by someone else. Call Attorney Robert J. Anderson now at 866 254 1274 (toll-free) or 719 473 3040 (local) or send us an e-mail for a free evaluation of your case.