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Can you sue Kentucky’s government if your motorcycle accident is caused by a pothole?

On Behalf of | Mar 27, 2024 | Motorcycle Accidents |

Governments have a responsibility to keep public roads safe. If a pothole caused your motorcycle accident, you may have grounds to pursue a claim against the Kentucky government.

You might need to report the incident to local authorities in order to hold the government accountable.

Reporting a pothole

In Louisville, drivers and motorcyclists can report potholes by using the hashtag #502Pothole or contacting the helpline 311. This local alert system tells authorities about necessary repairs and creates a record of the pothole.

The Kentucky Department of Transportation handles incidents on highways and interstates. KDOT’s website offers a form for individuals to submit claims for evaluation. This process involves reviewing the circumstances of the incident, including the pothole’s location and evidence of the government’s negligence in road maintenance.

When considering filing a claim for pothole damages, you should gather evidence. This includes photos of the pothole and damage to your bike. Also, retain any medical reports, repair bills and police records of the incident. They can enhance the strength of your claim.

Proving fault

In Kentucky, the state must repair dangerous conditions like potholes. To prove the government’s role in your motorcycle accident, it is important to show that they were aware of the pothole or should have been aware of it. Check if the pothole was present for a significant amount of time. You can also find out if people had previously complained about it.

You should establish that the government failed to repair the pothole within a reasonable amount of time, especially after knowing about it. Likewise, you must demonstrate that the pothole caused your accident and resulted in injuries and expenses. It is important to link the accident to the pothole and make the case that fixing it would have prevented it.

Claims against governmental entities are subject to specific procedural requirements. Understanding these procedures in advance can help you seek compensation after a pothole causes a motorcycle accident.