Blog of Charles Bryan Alred
How to Prove Poor Road Conditions Caused Your Motorcycle Accident
Posted on March 12, 2016
Potholes, missing guardrails, erosion, and inadequate road markers are all enemies to Tulsa roads—but they are not strangers. This year, the national Road Information Program (RIP) says Tulsa, Oklahoma is ranked number eleven in a “Cities with the Worst Roads” article, and was ranked tenth in another study three years prior. Although the city is putting forth effort to correct the road conditions by filing nearly two-hundred and fifty potholes day, motorists are still injuring themselves due unsafe driving conditions.
In Tulsa, nearly half of our city’s roads are unsafe to drive on, due to poor conditions. On average, drivers are forced to pay nearly $800 every year in repair costs for their vehicle. Research shows that regular driving on roads with poor conditions increases consumer costs by accelerating vehicle deterioration and depreciation—increasing maintenance visits, fuel consumption, and tire wear and tear. Some examples of poor road conditions include:
- Lack of road markings;
- Obstructed, or missing road signs or traffic signals;
- Unsalted or unplowed roads winter;
- Low bridges or incorrect overhead bridge markings; and
- Overly bright lights or lack of nighttime lighting.
Who Is Responsible?
If you or your vehicle was damaged in a motor accident caused by poor road conditions, you may be compensated for your losses. Generally, the state of Oklahoma and the city of Tulsa are responsible for maintaining quality road conditions and preparing the roads during times of bad weather (snow, hail, storms, etc.). If the city and state departments were aware of the conditions and neglected to correct them, they are responsible.
Contacting a lawyer to represent you will increase the chances of your claim being accepted at your hearing while choosing not to hire a lawyer makes your case vulnerable to being denied. If you claim is denied, you may file an appeal. However, if you lose the appeal, you will need to hire an attorney in order to bring a lawsuit—anyway.
Proving that the city and state are at fault for your motor accident depends on the type of evidence you provide to your attorney:
- A Police Report – Immediately following your accident, pull over to the side of the road and call 911 to report your accident. While the officer is documenting the details of your accident, ensure that he or she includes relevant information such as a diagram of the accident scene, weather conditions, and any witnesses. Seek medical attention, immediately to document any sustained injuries.
- Photos and Documents of the Damage – It is very important for the driver to take pictures of the damage to your vehicle, any injuries on your person, and the condition of the road (i.e. pothole, etc.). Bring medical records that contain documented injuries from the crash, and any corroborating documents from your place of employment, if you were forced to lose pay.
Consult with a Lawyer
If poor road conditions are the reason for your recent car or motorcycle accident, you may be able to receive compensation for your losses. Contact the experienced lawyers at the office of Charles Bryan Alred, P.C. for a free initial consultation. Take the guesswork out of your claim, and let us decide who is at fault for your losses. Call us at 918-745-9960, today. We will fight for your future.