Can You Sue for a Motorcycle Crash Caused by a Pothole or Poor Road Maintenance in Florida?

October 1, 2025

Dennis Hernandez

Motorcycle accidents are often traumatic and can be life changing. If a crash result from something that can be prevented — whether a deep pothole or an uneven pavement — it compounds the frustration with the pain. People who have been hurt because of bad road conditions may still be wondering if they can file a Florida road maintenance injury claim and sue the government.

At Dennis Hernandez Injury Attorneys, we’ve collected millions and millions for injured clients due to unsafe conditions. We fight to get you paid! If road defects caused your motorcycle accident in Florida, here’s what you should know.

What Makes Motorcycle Riders More Vulnerable to Road Hazards?

Motorcycles are smaller and less stable than cars. This makes potholes, loose gravel or uneven pavement especially dangerous. A car might roll over rough road with little harm, but a motorcycle might slip and flip or eject the rider.

Indeed, the Federal Highway Administration (FHWA) reports that poor road surface contributes to more than 40% of single-vehicle motorcycle accidents. And unlike private property owners, government is legally obligated to keep public roads safe.

What Does Florida Law Say About Government Liability for Road Conditions?

In limited cases, Florida law does allow injury victims to sue the government. The state statute that provides for payment of these fees is Section 768.28, Florida Statutes, which partially waives the government’s sovereign immunity (a legal doctrine that bars lawsuits against state and local governments).

But filing a government liability motorcycle accident claim is not going to be easy. To succeed, you must prove:

Negligence — The government didn’t d proper maintenance of the road.
Notice — The government had actual or constructive notice of the hazard and failed to fix it within a reasonable time.

You are also required to file a notice of claim with the relevant agency before filing a lawsuit — typically within three years under the Florida Tort Claims Act. Failure to meet this deadline can prevent you from recovering damages altogether.

What Are Common Road Defects That Cause Motorcycle Accidents?

To file a Florida motorcycle crash pothole claim you’ll prove a particular hazard caused or contributed to their crash. Among the most frequently occurring defects resulting in severe motorcycle injuries are:

Deep potholes or collapsed pavement.
Temporary patches or botched resurfacing can create uneven surfaces.
Construction debris or gravel left behind.
Eroded shoulder edges.
Manholes covers or utility plates out of alignment.
Unmarked bumps or dips.
Issues with drainage that creates standing water or slippery surfaces.

And while these conditions can threaten any driver, they’re especially dangerous for motorcyclists, who have no walls or roof to protect them from the elements.

Who Can Be Held Liable for a Florida Road Maintenance Injury?

Responsible parties may also go beyond state agencies. The owner or operator of the pool may be liable for your child’s drowning, depending on where the incident took place:

The Florida Department of Transportation (FDOT)
A county or municipal department of public works
A private contractor engaged in construction or road work
A third-party service provider, who left behind a hazard

A seasoned motorcycle crash lawyer will look into every possible avenue of liability to make sure that you go after full compensation.

What Kind of Evidence Is Needed for a Motorcycle Crash Caused by Poor Road Conditions?

Building a strong Florida road maintenance injury claim is all about evidence. Your lawyer will gather:

Pictures or video of the crash scene depicting the road defect
Witnesses testimony or statements from other motorists
Police reports or incident reports referencing the hazard
Maintenance records from the responsible agency
Complaints or reports of the road defect, if any, that have already been filed with the municipality.
Medical records correlating your injuries to the accident
Expert analysis or accident reconstruction

Speed matters — many local agencies will patch potholes within days of a complaint. If you wait too long, the evidence could be fixed and vanish.

What Types of Damages Can You Claim in These Cases?

If government neglect caused your crash, you can possibly seek compensation for:

Emergency treatment and hospitalization
Ongoing medical care and therapy
Surgery and rehabilitation
Lost earnings and reduced future income
Pain and suffering
Emotional distress
Motorcycle repair or replacement

But remember, Florida Statute §768.28(5) limits recoveries to $200,000 per person or $300,000 for all claims arising out of the same incident against governmental bodies. This is why it is so important to prepare your case meticulously and adopt a comprehensive legal strategy in order to maximize the value of your case.

How Does Comparative Fault Affect Your Motorcycle Accident Claim?

Florida is a modified comparative negligent jurisdiction, pursuant to Florida Statute §768.81. This means:

If you are more than 51% at fault for the accident, you are completely barred from recovering anything.
You are paid less based upon your degree of responsibility.

So, for instance, if you’re deemed to be 20% at fault for speeding before running into a pothole, your ultimate recovery is reduced by that 20%.

The government or their insurance company may argue that you weren’t wearing a helmet or that you didn’t respond in the correct manner — this is why it’s critical to have a competent attorney.

How Can a Lawyer Help with a Government Road Defect Case?

These are among the most challenging matters in personal injury law. An attorney can help:

Investigate all liable parties.
Preserve road condition evidence.
Timely filling notices with government agencies.
Calculate and document your damages.
Draft in road layout or engineering pattern specialists.
Handle negotiations and litigation
Battle to beat damage caps or claims of partial fault

Dennis Hernandez Injury Attorneys has guided many clients through troubling issues of liability. We push back hard when government agencies try to shift blame. We fight to get you paid!

What Should You Do After a Motorcycle Accident Caused by a Road Hazard?

If you suspect that bad roads led to your crash, do the following:

Dial 911 and report an accident. Request a police report.
Take photos of the road hazard, your bike, and any injuries.
Seek medical attention immediately — even if symptoms appear to be mild.
Don’t get your motorcycle fixed until damage has been documented by your lawyer.
Record everything you recall of the crash.
Speak with a Florida motorcycle accident attorney before contacting the government or insurers.

Time is critical. Even if the road is repaired your injuries — and your right to compensation — still exist.

Are There Ways to Avoid Motorcycle Accidents Caused by Road Defects?

You can’t control the roads, but you can mitigate your risk, as a rider:

Employ a motorcycle-specific GPS app that alerts reported hazards
Don’t ride at night or during heavy rain, with low visibility.
Notify the local department of transportation of any hazards they are aware of.
Take advanced rider safety courses
Wear protective inserts that suit riders of motorcycles in the form of helmets, gloves, and armored jackets.

Careless acts can endanger responsible riders, too. But these precautions can reduce risk and lessen the severity of an injury.

Final Thoughts: Your Rights After a Government-Related Motorcycle Crash

If you were hurt in a motorcycle accident that resulted from poor road conditions – such as potholes, debris or other roadway hazards – it could be possible to file a claim against the government. However, motorcycle accident claims against government liability require prompt action, solid evidence and legal expertise.

At Dennis Hernandez Injury Attorneys, we have collected millions and millions for accident victims throughout Florida. Our attorneys understand how suing a public entity works—and we are on your side and ready to fight for you.

Let us assist you in ensuring the correct party is held responsible and that you receive the compensation necessary to recuperate. Your injuries weren’t your fault. And you should not have to pay the price all alone.

We fight to get you paid!