Indiana Appeals Court Allows Injured Motorcyclist to Proceed with Negligent Maintenance Lawsuit

An oft-overlooked cause of auto accidents is defective roadways. State and local governments have a duty to maintain their highways and other public streets. And under certain conditions, if there is evidence that negligent maintenance of a roadway led to an accident, the victim can file a personal injury claim against the government agency responsible for that road.

“Tar Snake” Blamed for SR 56 Motorcycle Crash

Bad roads pose a special risk for motorcycle operators, as something as simple as an unfilled pothole can send them flying off their bikes and onto the raw pavement. For instance, the Indiana Court of Appeals recently heard a personal injury case arising from a motorcycle accident that the plaintiff alleges was the result of the state’s negligent road maintenance. Although a trial judge dismissed the lawsuit at the summary judgment stage, the Court of Appeals said the plaintiff presented enough evidence to send the case to a jury.

The accident occurred in September 2017. According to the plaintiff, he was driving his Harley-Davidson on Indiana State Road (SR) 56 when he came upon a “tar snake,” a term used to describe those squiggly black lines you often see on public roads indicating sealed cracks. Despite the name, most tar snakes are not actually made with tar but rather a form of oil-based sealant, which can become slippery in hot conditions.

Indeed, the plaintiff here alleged the tar snake he encountered was slippery due to the hot sun–effectively turning the sealant back into oil–and caused him to lose control of his motorcycle and crash. The plaintiff subsequently sued the Indiana Department of Transportation (INDOT), alleging the state was negligent in its “design, construction, upkeep, repair and maintenance of” SR 56.

Before the trial court, INDOT tried to shift blame for the accident to the plaintiff, alleging he was driving his motorcycle at 45 to 55 miles per hour when the “advisory speed limit” on SR 56 was 30 miles per hour and the posted speed limit was 55 miles per hour. INDOT’s theory was that the plaintiff traveled too fast through a curve in the road and that was what caused him to crash. In response, the plaintiff maintained he had “no issues negotiating the roadway” until he encountered the tar snake.

The Court of Appeals said this factual dispute was enough to send the case back for trial. A jury will need to consider not only whether the state’s negligence caused the plaintiff’s motorcycle accident, but also whether the plaintiff’s alleged speeding was a contributing factor. If the jury agrees with INDOT on this second issue, then the state is not liable for the accident, because Indiana follows a contributory negligence rule in personal injury cases. This means that a plaintiff cannot recover any compensation if they are found even 1 percent at-fault for their accident.

Contact a Madisonville Motorcycle Accident Lawyer Today

When a motorcycle accident is the result of someone else’s actions, be it another motorist or a state agency, the victims have the right to seek appropriate compensation for their injuries. Our Madisonville motorcycle accident lawyers are here to help. Contact Whitfield Crosby & Flynn today to schedule a free consultation. We have offices in Madisonville, Kentucky; Chattanooga, Tennessee; and Indianapolis, Indiana.

Source:

scholar.google.com/scholar_case?case=6352299847361238914