The Impact of Road Hazards on Motorcycle Accidents in Orem

Loose gravel, potholes, and uneven pavement pose serious risks for motorcyclists. If poor road maintenance contributed to your accident, contact Flickinger Boulton Robson Weeks at (801) 500-4000 to explore your options for compensation.

Riding a motorcycle should be safe, but unexpected road hazards can turn a normal trip into a serious accident. A pothole, loose gravel, or debris in the road can cause a rider to lose control and crash, leading to painful injuries and expensive medical bills.

Many motorcyclists in Utah have faced this problem. Poorly maintained roads and unexpected obstacles are common causes of accidents in places like Orem. If you have been injured, you may wonder who is responsible for the dangerous road conditions and how to prove your claim.

At Flickinger Boulton Robson Weeks, our Orem motorcycle accident lawyers are dedicated to fighting for your rights and ensuring you get the financial support you need to recover.

In this article, we will explain common road hazards that can lead to a motorcycle accident in Orem, who may be liable for your accident, and how we can help you build a strong case.

Common Road Hazards

Motorcycles require consistent traction and balance to stay upright. Any sudden change on the road can throw a rider off balance and lead to an accident. While cars and trucks often handle mild bumps without much trouble, these hazards can be dangerous for motorcycles. 

Below are some of the most common issues that cause crashes in Orem.

Potholes

Potholes are holes or cracks in the pavement. They form when moisture seeps into the road surface, expands when it freezes, and weakens the asphalt. Over time, cars and trucks passing over these spots can break the asphalt even more, creating holes. 

In a car, hitting a pothole might damage a tire or rim. On a motorcycle, the impact can be enough to jerk the handlebars or cause a tire blowout. Even small potholes can send a motorcycle off course if the rider cannot adjust quickly.

Debris

Debris can include anything from fallen tree branches to gravel, scattered stones, or even car parts left after an earlier crash. Riders might see these objects too late to steer around them safely. 

Swerving at high speed can itself cause a wreck, and simply running over debris can puncture a tire or upset the bike’s balance. Construction projects in and around Orem also generate debris that may spill onto roads if not properly contained.

Uneven Pavement

Sometimes roads in Utah go through repeated construction or repairs. These create uneven surfaces or mismatched layers of asphalt. For motorcycles, an abrupt change in road height can cause a sudden jolt, especially if riding at a normal traffic speed. 

The front wheel might drop or climb unexpectedly, making it hard to keep the bike stable. During lane changes, moving from a lower lane to a higher one can also tilt the bike, resulting in a fall.

Loose Gravel and Sand

Loose gravel and sand often appear on roads undergoing repairs or near the edges of rural highways. Even small patches of gravel can reduce the friction a motorcycle tire relies on. 

It becomes more likely for the rider to skid when braking or turning, leading to a wipeout. Road salt or sand used during winter months can linger on the pavement into the warmer seasons, posing a hidden risk for riders.

Broken or Missing Road Markings

Road markings help riders see where they should drive, especially at night or in bad weather. When these markings are faded, broken, or missing entirely, it can be tough to judge lane boundaries. Motorcycles can drift into another lane or approach a curve poorly, leading to potential collisions.

In essence, road hazards take many forms, but all have the same effect: they endanger motorcyclists who rely heavily on smooth, stable surfaces. Riders do their best to be cautious, yet they cannot always predict or avoid sudden obstacles. This is why maintaining roads properly and addressing hazards promptly are key steps to reducing accidents.

Liability for Accidents Caused by Road Hazards 

When a motorcyclist crashes due to a pothole or other road hazard, the question arises: who is responsible for these conditions? Determining liability can be more complicated than in typical collisions involving two vehicles. Below are some factors that influence who may bear the blame.

Local or State Government Agencies

Public roads are generally maintained by government agencies. In Orem, this might be a city department tasked with road upkeep. Some roads fall under state authority, overseen by the Utah Department of Transportation. 

If a pothole or other damage has been present for a long time without repairs, the responsible agency might face liability if they knew or should have known about the hazard and failed to fix it. However, governments often have specific rules about notices of claim. Failing to file the right paperwork on time can bar a claim against them.

Private Property Owners

Certain roads or parking areas are privately owned. For example, a large shopping center may own access roads on its property. If these roads are poorly maintained or cluttered with debris, the property owner might be liable if their negligence led to the crash. Much like government entities, private owners are expected to keep their roads reasonably safe.

Construction Companies

Road construction zones can create uneven lanes, open trenches, or leftover debris. Contractors must follow safety guidelines, posting clear signs and warnings. 

If they fail to do so, or if they leave materials on the road, causing a crash, they can be held liable. This might include failing to place cones around hazards or not smoothing out sharp edges in the pavement.

Third Parties

Sometimes, a truck might spill cargo onto the road or a service van might leak oil. These actions can create road hazards, and the party responsible for the spill can be held accountable. 

If the cause was a mechanical defect, like a faulty vehicle part, a manufacturer could bear some blame. It all depends on how the hazard originated and who had the duty to address it.

Comparative Negligence

In Utah, the concept of comparative negligence may come into play. If a rider was speeding or not watching the road, a court might assign partial blame to them. 

As long as the rider is less than 50 percent at fault, they can still recover damages, but any compensation will be reduced by their percentage of fault. This means that even if the road hazard is a key factor, the rider’s behavior might influence the final outcome.

Sovereign Immunity

Suing a government entity involves special rules, sometimes referred to as sovereign immunity. While agencies can be held accountable for neglecting road maintenance, the time frames for filing these claims are typically shorter. 

Gathering evidence that the agency knew about the hazard but did not fix it also poses challenges. Still, successful claims against government bodies do happen if the proper procedures are followed.

Gathering Evidence to Support Claims Involving Road Hazards

Successfully pursuing a claim for a motorcycle accident caused by a road hazard depends heavily on evidence. 

Unlike a typical collision, where you can often rely on witness accounts of two vehicles crashing, road hazard cases require proof that the hazard existed, the entity responsible knew or should have known about it, and that this hazard directly led to your injuries. Below are ways to gather and use evidence in these cases.

Photographs and Videos

One of the best forms of evidence is visual. If you can do so safely after the accident, taking photos or videos of the hazard is extremely helpful. 

Capture the pothole’s size and depth, the debris’s location, or the uneven pavement’s height difference. Also, photograph the damage to your motorcycle and your injuries if possible. These images tell a story that words alone might not fully convey.

Accident Scene Documentation

As soon as it is practical, return to the accident site or have someone else do it if you are too hurt. Conditions can change quickly, especially if a road crew decides to patch a pothole the next day. 

Documenting the scene before it is altered strengthens your claim that the hazard was the cause. Look for skid marks, scrape marks, or any other indicators of how the motorcycle moved after encountering the hazard.

Witness Statements

People who saw your accident might provide valuable insights. Witnesses could confirm that a large pothole was present for weeks or that debris was visible before the crash. 

They may also have noticed your bike losing control at the exact moment you hit the hazard, ruling out other possible causes. Get their names and contact details, and ask if they are willing to speak about what they saw. Written or recorded statements can help support your account.

Maintenance and Repair Records

If a government agency or private party is responsible for the road’s upkeep, their records are vital. These might show when the hazard was first reported, whether any repairs were scheduled, or if the agency had complaints about the condition. 

An attorney can request such documents through legal procedures, revealing if the responsible party had ample time to fix the issue but failed to do so.

Professional Evaluations

Sometimes an expert’s opinion can clarify technical details. For example, an engineer might inspect the road and explain why the pothole developed or how the slope in the pavement could cause an accident. 

Similarly, accident reconstruction specialists can piece together evidence of speed, angle of impact, and how the bike reacted to the hazard. These expert reports can be persuasive during negotiations or in court.

Preservation of Evidence

It is crucial to act quickly because hazards can be repaired, debris can be removed, and road conditions can change. Government entities might try to argue the hazard was fixed or that no hazard existed at all. 

Immediate documentation, thorough investigation, and legal action help preserve the proof you need. This is why contacting a lawyer soon after your crash can be a key step to ensuring you gather and keep all relevant information.

How Our Firm Handles Road Hazard-Related Motorcycle Accident Cases 

At Flickinger Boulton Robson Weeks, we understand that a serious motorcycle accident can change your life. When road hazards in Orem lead to a crash, it can feel frustrating, knowing this might have been avoided if the roads were properly maintained. 

We aim to support you through each step. Here is an overview of how we tackle cases involving road hazards.

Personalized Consultation

We begin by listening to your story. We want to know how the accident happened, what the road conditions were, and how your injuries have affected your life. 

This initial conversation guides us in deciding what evidence to collect and what legal strategies might work best. We know that every accident is unique, so we tailor our approach to your specific circumstances.

Investigating Thoroughly

Next, we start investigating the crash scene and the hazard that caused it. We gather photographs, witness accounts, and any existing records about road maintenance. If a pothole was at fault, we ask for documents showing when it was reported and whether the city or another entity took steps to repair it. 

Construction zones often require an extra layer of inquiry, looking into the contractor’s role. This detailed approach helps build a clear timeline of what the responsible party did or failed to do.

Consulting Experts

Sometimes, an accident reconstruction specialist or engineer can help explain how the hazard contributed to your crash. 

Their analysis can make the cause–and–effect relationship clearer, showing that your injuries directly stemmed from the pothole, debris, or uneven pavement. Expert input often strengthens your claim, making it harder for insurance companies to argue that something else caused your accident.

Calculating Damages

We also work closely with medical experts and financial professionals to estimate the total impact of your injuries. 

Beyond just hospital bills, we consider future treatments, lost wages, and the pain you have endured. If your injuries are long-lasting or permanently disabling, we account for the ongoing costs of care and any changes you must make to your home or vehicle.

Negotiating and Litigating

Once we have strong evidence, we present it to the responsible party’s insurer or legal counsel. Government agencies, private property owners, or construction firms often have insurance or legal teams defending them. 

Our job is to show that the hazard was known or should have been known, and that their failure to correct it led to your injuries. Many cases are settled when faced with clear evidence, but we are ready to go to court if needed. Our attorneys have litigation experience and will not hesitate to fight for a fair outcome.

Offering Compassionate Support

Throughout the process, we keep you informed and guide you on any major decisions. We understand how disruptive a serious accident can be, physically and emotionally. 

Our team is known for its caring approach. We aim to relieve the burden so you can focus on healing. By the end, our hope is to secure the compensation you need to move forward with confidence.