The Impact of Road Design and Maintenance on Motorcycle Safety

Poorly designed and poorly maintained roads are dangerous for all drivers. Bad roads are especially dangerous for motorcycle riders because it’s much easier for motorcycle operators to lose control of their vehicles. Motorcycles are less stable than cars because motorcycles only have two wheels. Cars have suspension systems and other features that make them more stable than motorcycles.

What road design and maintenance factors contribute to motorcycle accidents in Missouri and Kansas?

Roads can be dangerous for motorcycle riders for many reasons, including the following:

• The quality of the roads. Dangerous roads for motorcycle riders include uneven roads, roads with gravel or debris, roads that have potholes, dead animals on the road, and rumble strips (which help warn car drivers that they’re not in the correct lane, but can be dangerous for motorcycle operators). Just a small change in the structure of the road such as a pothole or a pile of sand can make motorcycle riding dangerous.
• Slippery roads. While everyone expects rain and snow in Kansas and Missouri, that doesn’t give road designers and maintenance companies a free pass. Roads should be designed to address drainage problems. The state, counties, or other responsible parties should warn drivers when they shouldn’t drive on certain roads due to dangerous driving conditions. These parties should also remove snow and ice when storms subside.
• Road debris. The responsible parties should clear roads of overhead branches that fall on the road, roadkill, and large objects such as parts of tires, in a timely and responsible manner.
• Work zones. Construction companies that install new roads, widen roads, modify roads, and repair roads have a duty to motorcycle riders to ensure that the construction work is safe. Motorcycle drivers should have advanced notice that construction is taking place through the posting of warning signs and barriers. The lanes, speed limits, and other precautions that motorcycle riders need to take should be clear. The construction site companies should steer all drivers, including motorcycle drivers, away from any bulldozers, cranes, or other large trucks and equipment.
• Curved roads are especially dangerous for motorcycle riders because they have to properly lean, balance, and maneuver their motorcycles through the curves. It helps if the roads have signs that warn motorcycles about any dangerous curves in plenty of time for the motorcycle rider to prepare.
• Road markings. The lanes should be clearly marked, including when drivers can pass and when passing is illegal.
• Traffic signals. Traffic signals should be in working order so that the movement of motorcycles, cars, and other vehicles is smooth, and each lane of travel knows when and when they cannot proceed or turn.

Lighting can also affect the ability of motorcycle operators to see.

Who is responsible for defective roads and improper road maintenance?

Generally, the Kansas or Missouri Department of Transportation is responsible for the safe design of the roads in their respective states. Other governmental entities and agencies may be liable for faulty design, too. These entities/agencies include the state, local counties, and local municipalities. The companies that these governmental entities/agencies contract with to design and construct the roads may also be liable.

There are some unique issues that your motorcycle accident lawyer must address when filing a claim against any governmental entity or agency. These issues include:

• Understanding the relevant laws. These include the Missouri Tort Claims Act and the Kansas Tort Claims Act.
• Understanding under what circumstances, the government has immunity from lawsuits.
• Being aware of the notice requirements that victims must file and the time limits for filing those notices.
• Showing that the design failed to meet acceptable standards.
• Showing that the design or maintenance failure was the cause of your accident.

Generally, governmental entities and agencies are responsible for motorcycle accidents if:

• They knew of a dangerous road condition (such as a road that needed repair or a dangerous intersection) and failed to make prompt and necessary repairs.
• They fail to warn motorcycle riders of dangerous road conditions.
• A road has inherent flaws and is dangerous for motorcycle riders.

The same general principles apply regarding motorcycle accidents due to improper road maintenance. Skilled motorcycle accident lawyers work to show:

• Who was responsible for the road maintenance
• What road conditions require maintenance
• The acceptable/unacceptable standards for road maintenance, such as when, how, and under what circumstances roads should be fixed, how traffic should be diverted, when the government has a duty to act quickly, and other factors

Other defendants may also be responsible for motorcycle accidents due to dangerous road conditions. For example, trucking companies may be liable for any cargo that falls from their trucks onto the roadway, if the motorcycle accident is due to the cargo spill.

Our motorcycle accident lawyers work with investigators, the police, road design experts, and other transportation officials and experts to show that roads are dangerous and what steps those responsible should have taken to prevent an accident.

We demand compensation for all your medical bills, lost income and benefits, pain and suffering, motorcycle damage, loss of quality of life, and all other financial and personal damages.

To discuss your rights when roads are dangerous due to poor road design or maintenance, please call our office or use our contact form to schedule a free consultation today. Our lawyers meet clients at our main office in Kansas City, MO. We also have offices in Lee’s Summit, Parkville, Blue Springs, and St. Joseph (MO), Olathe, Kansas City (Victory Hills), and Overland Park (KS).