Federal judge grants $5m to motorcyclist who suffered permanent injuries due to road conditions

On August 10, 2018, Ángel L. Cardona Ríos hit an unmarked excavation that completely blocked his lane while riding his motorcycle. (FB via Adopta un Hoyo)

By THE STAR STAFF

A federal jury has delivered a $5.1 million verdict against Universal Insurance, the insurer for Puerto Rico’s Department of Transportation and Public Works (DTOP), for failing to maintain safe road conditions.

The decision, handed down recently, holds Universal 51% liable for a 2018 motorcycle accident caused by a hazardous excavation on a state road.

The jury also found the entity responsible for the excavation 39% liable, while assigning 10% comparative negligence to the injured motorcyclist, Ángel L. Cardona Ríos.

The case stems from a devastating accident on August 10, 2018, around 10:30 p.m., when Cardona Ríos was riding his motorcycle on PR-109 in San Sebastián. As he approached kilometer 27.7, he struck an unmarked excavation that completely blocked his lane. The site was unlit and lacked any warning signs or safety barriers, sending Cardona and his motorcycle airborne before crashing violently onto the pavement.

Despite wearing a helmet, Cardona suffered serious and permanent injuries.

The jury awarded $3.8 million for future medical care, $550,000 for physical and emotional damages, and $745,000 to other plaintiffs for emotional distress, lost income, and expenses.

The trial was presided over by Judge Pedro A. Delgado, with Cardona represented by attorneys Henry Vázquez Irizarry, Magaly Rodríguez Quiñones, and Francisco E. Colón Ramírez. Universal Insurance was represented by Roberto L. Prats Palerm and Diego R. Meléndez Apellániz of McConnell Valdés LLC.

The plaintiffs based their case on Article 404 of Puerto Rico’s Political Code, which holds the State responsible for damages caused by defects or lack of safety measures on public roads. Crucially, the law does not require proof that the State knew about the hazard—only that it failed to act unless the condition was caused by natural disasters and the State lacked time to respond.

Attorneys emphasized that Article 404 serves a vital social purpose: to prevent tragedies caused by government neglect and to reaffirm the State’s duty to protect its citizens. The law has previously been applied to cases involving potholes, fallen branches, collapsed bridges, and missing guardrails.

This verdict sends a strong message about government accountability and the importance of road safety, especially as Puerto Rico continues to grapple with aging infrastructure and public service challenges.