Assigning fault for motorcycle accidents in construction zones

Many of the Pottsville motorcycle accident victims with whom we work here at The Law Offices of Anthony Urban, P.C. come to us needing compensation in order to deal with the expenses associated with their accidents. According to the National Highway Traffic Safety Administration, as recently as 2012, Pennsylvania had the third highest motorcycle accident fatality rate in the country. Thus, it may do you well to know who is legally responsible should you get in an accident, particularly if it’s due to dangerous road conditions.

The Pennsylvania Department of Transportation and local municipalities share the responsibility of maintaining safe road conditions. Unfortunately, in many cases, the very construction work being done to correct problems on the road can create dangerous driving conditions, particularly for motorcyclists. These can include:

If and when the dangers presented by such work cause you to crash on your bike, the question becomes who is liable: the construction company doing the work, or the government agency employing it.

The state or local agency that has ownership over the project is ultimately responsible for the conditions of the work zone. This also includes controlling traffic going through the area as well as indicating where the work is being done. Thus, if conditions specifically related to the use of the road lead to your accident, then the supervising agency would be responsible.

On the other hand, the company handling the work must also remain compliant to the work site safety standards the supervising agency has set. Should it fail to keep the road clear of gravel or sand, liability could fall to them.

For more information on determining liability for your motorcycle accident, please browse our site.