Road Defect Claims After A Motorcycle Accident in Michigan
Motorcycle road defect claims in Michigan can be brought against governmental agencies when the agencies’ failure to properly maintain the roadways within their jurisdiction causes a motorcycle accident that results in injury or death.
Examples of road defects that can cause a motorcycle accident include potholes, disrepair, inadequate maintenance, uneven surfaces and/or failures to remove road hazards.
Who can be sued in a motorcycle road defect claim?
Any governmental agency that has jurisdiction over a Michigan highway can be sued if someone is injured or killed because the governmental agency failed to “keep . . . the improved portion of the highway . . . in reasonable repair and in a condition reasonably safe and fit for [public] travel . . .” (MCL 691.1402(1))
What if the governmental agency claims it did not know about the road defect?
A governmental agency will not be held liable for injuries or death resulting from a defect in a roadway under its jurisdiction unless the agency “knew, or in the exercise of reasonable diligence should have known, of the existence of the defect and had a reasonable time to repair the defect before the injury took place.” (MCL 691.1403)
However, it is “conclusively presumed” that an agency knew about the road defect and had time to fix it “when the defect existed so as to be readily apparent to an ordinarily observant person for a period of 30 days or longer before the injury took place.” (MCL 691.1403)
Are there any special notice requirements for motorcycle road defect claims?
There are special notice requirements for motorcycle road defect claims:
- For “defective highway” claims against the State of Michigan, notice of “the occurrence of the injury and the defect” must be served on the relevant governmental agency “within 120 days from the time the injury occurred.” (MCL 691.1404(1))
- For “defective highway” claims against the State of Michigan when the injured person is “under the age of 18 years at the time the injury occurred,” the required notice must be served on the relevant governmental agency “not more than 180 days from the time the injury occurred.” (MCL 691.1404(3))
- For “defective highway” claims against the State of Michigan when the injured person is “physically or mentally incapable of giving notice,” the required notice must be served on the relevant governmental agency “not more than 180 days after the termination of the disability.” (MCL 691.1404(3))
- For “defective” county roads, bridges, or culverts claims against county road commissions (i.e., the board of county road commissioners), notice of the injury and the “manner in which it occurred” must be served on the “clerk” and the “chairperson of the board of county road commissioners” “within 60 days after the occurrence of the injury.” (MCL 224.21(3))
Injured and need a lawyer? Call Michigan Auto Law
If you were injured in a motorcycle accident caused by a road defect and you have questions about your legal rights, you can call toll free anytime 24/7 at (800) 777-0028 for a free consultation with one of our experienced attorneys. You can also get help from an experienced accident attorney by visiting our contact page or you can use the chat feature on our website.