Another brutal winter has resulted in minefields of potholes on our roadways. As the weather warms and we unplug our battery tenders to take to the highways, there are serious dangers lurking for the unwary. Riders always ride with a level of concentration greater than those operating cars – and we must. One of the challenges with potholes is that they can be difficult to spot until it’s too late. Obviously the greatest danger is at night when they are the most difficult to see. Even when using the utmost caution during the daytime, sunlight, shading and traffic can obscure the danger.

Pothole accidents can and do cause serious injury. What makes those accidents even worse is the difficulty riders have in getting fairly compensated for their property damage and bodily injury. As motorcycle attorneys, we have in the past and currently have these types of cases in both New Jersey and Pennsylvania.

Both states have Tort Claim immunities that effect a riders right of recovery against the State to be compensated. One of the most urgent issues involved in these cases is proper notice to the state after an accident known as a Tort Claim Notice. If these notices are not timely filed, a rider can lose all rights to make a claim. In addition, early investigation to document the condition of the roadway that caused the accident is vitally important in protecting the rights of an injured rider.