Road bumps are there for a reason: To slow down traffic in the hopes of decreasing auto and pedestrian accidents but what if they actually cause harm? Read on to learn about one case in which a motorcycle rider sued due to a bump in the road. If you believe you have a case for a motorcycle accident or other type of accident, contact Law Offices of Fernando D. Vargas at 909-982-0707 for a free legal consultation.
The case in question
The accident happened in South Carolina when a motorcycle rider almost died when he hit a bump on the road and his motorcycle flipped on top of him. He is suing for nearly $2 million. The victim also points out that about four people die each year in the stretch of road on which he was driving and as a result something should be done about the problem.
Who can be sued in this case?
First and foremost, it must be determined who is responsible for the road and who can be sued. Who owns the road and who controls it? In most cases, the local government maintains local streets, the state government takes care of state roads, and federal money is given to the states for repairs on interstate highways.
In particular, interstate highway cases can be complex to determine fault because the federal government may point to inaction by the state and the state may point to a lack of funding from the federal government. In this particular case, it happens that it was a federal highway leading toward a federal park and so it was likely simple to decide that the federal government should be the targeted party.
It is essential to file a claim right away
When the defendant of a lawsuit is the government, it is very important to file a claim right away. In almost all cases, this is required before a lawsuit can be brought. The requirements for filing claims and the timeframe in which they must be filed can vary significantly from state to state but in some states the statute of limitations is as short as 60 days. In California it is six months.
Call us now if you have been injured in a similar case
If you have been injured due to poor maintenance on a road or an obstacle in the road then you may have grounds to sue the local, state, or federal government. These cases are particularly complicated but at Law Offices of Fernando D. Vargas we are experienced in handling them. Call us now at 909-982-0707 and we will provide a free legal consultation so you know exactly what your options are.
