Although negligent driving is the cause of most motorcycle accidents, some are due to dangerous roads or thoroughfares. When unsafe road conditions cause a motorcycle accident, an accident victim may be awarded damages from the party that created the hazardous condition, if the injured person establishes liability. The Court of Appeals of Tennessee recently discussed what a person injured in a motorcycle accident caused by a dangerous condition must prove to recover damages. If your motorcycle accident was caused by unsafe road conditions, it is prudent to speak with an experienced Tennessee motorcycle accident attorney regarding your potential claims.
Facts of the Case
It is alleged that the plaintiff, who was operating a motorcycle, was struck by a car exiting the drive-through area of the defendant’s fast-food restaurant. The plaintiff sued the defendant property owner on a theory of negligence, arguing that the drive-through lane, which allowed customers to exit the property onto a five-lane highway, created an unreasonably dangerous condition.
Specifically, the plaintiff reportedly argued that the lane promoted an unregulated flow of traffic onto the highway, with no warning signs or traffic control devices. The plaintiff further alleged that the lane was dangerous because it permitted drivers to turn left onto the highway. The defendant filed a motion for summary judgment. The court found the plaintiff failed to establish a duty or proximate cause, and granted the motion. The plaintiff appealed.