If a pothole or road hazard threw you off your motorcycle, you may be dealing with serious injuries and questioning who is responsible. Unlike a crash with another driver, your claim goes against a government, and your options depend on who maintains the road. Knowing who is responsible for the road early can help you protect your options.
Document the hazard and your injuries
Photos of the pothole and its location can show what caused your crash, especially before weather or repair crews change the scene. Keeping your helmet, gear and motorcycle as they are until you document the damage can also help. Medical care matters just as much, because prompt treatment creates a record linking your injuries to the crash.
Identify who maintains the road
Three governments maintain roads in the Ashland area: the state, the city and Boyd County. Each one has its own claim process and deadlines, so the first step is finding out which one maintains the road where you crashed. A claim sent to the wrong government can cost you valuable time, so it may help to ask the county road department, the city or the state transportation cabinet.
Know the deadlines and limits that apply
Your deadlines and options depend on which government maintains the road:
- State road: your claim goes to the Kentucky Board of Claims, which generally requires you to file within one year and limits most awards to $250,000.
- City street: the law requires you to give the mayor or city clerk written notice within 90 days, which is a short window.
- County road: your path is the hardest, because Kentucky counties generally keep their immunity from these claims.
In every case, you would need to show the government was negligent, usually meaning it knew or should have known about the hazard and failed to fix it.
What you should know about coverage and limits
Unlike cars, motorcycles do not come with Kentucky’s no-fault insurance automatically. This insurance, called personal injury protection or PIP, covers up to $10,000 of your health care expenses and missed paychecks no matter who caused the crash.
On a motorcycle, you have it only if you chose to add it to your policy. If your health insurance or PIP covers part of your costs, the Board of Claims subtracts that amount from your award, so you are not paid twice for the same bills.
Getting legal help soon after your crash
Because the deadlines are short and the limits are real, talking with a motorcycle accident attorney soon after your crash can help you understand which government is responsible, which deadline applies, and what coverage you can use.