MOTORCYCLE ACCIDENTS

Drivers of motorcycles are 35% more likely to be involved in a fatal accident than drivers of passenger vehicles. Because motorcyclists are far more unsafe on the road than other drivers, all drivers have a duty to take extra precaution around them.

Motorcycle Rights

Motorcycles are legal vehicles, and those who drive them have legal rights, which protect them from negligent and reckless drivers, as well as unsafe roadway conditions.

Although many people hold a common belief that most motorcycle accidents occur because of reckless driving on the part of the motorcyclists, the reality is that the majority of motorcycle accidents occur because a car driver fails to take the necessary precautions when sharing the road with motorcyclists.

When a motorcycle accident involves multiple vehicles, the ensuing injuries can be devastating. If another driver caused your accident, you will need to file a personal injury claim to secure compensation. Proving fault in a motorcycle accident case requires establishing the elements of negligence in court, which include:

Duty of care

The plaintiff must show the court that the defendant owed a duty of care in the given situation. Every driver has a duty of care to the other drivers to operate their vehicles safely and abide traffic laws.

Breach of Duty of Care

Next the plaintiff must show how the defendant breached his or her duty of care. This could be through a specific action, such as speeding, running through a stop sign, or aggressive driving. Inaction may also constitute a breach of duty, such as a driver failing to signal before a lane change. The plaintiff may only file a lawsuit if they suffered harm, or some kind of measurable injury or economic loss. If there is no harm, there is no claim.

Proving negligence

Finally, the plaintiff must provide sufficient evidence to the court. They must show that their damages were the direct results of the defendant’s negligence.

Your attorney will help you gather the necessary evidence for building a strong case. This could include statements from eyewitnesses, collecting traffic camera data, or even subpoenaing an at-fault driver’s cell phone records to prove he or she was texting behind the wheel.

The plaintiff in a motorcycle accident case can claim several types of compensation depending on the nature of his or her damages. Typically, the damages a plaintiff could expect from a successful motorcycle accident claim include:

Medical expenses

Plaintiffs can claim the costs of all past and future medical expenses related to the crash, including hospital bills, surgery fees, rehabilitation costs, medical device costs (such as crutches or wheelchairs), and prescription costs.

Property damage

The plaintiff can claim compensation for the costs of repairing or replacing a damaged or destroyed motorcycle or other personal belongings. The plaintiff can also claim compensation for out-of-pocket expenses resulting from the accident, such as cab fare, towing costs, or rental car expenses.

Lost income

If the plaintiff had to miss work due to his or her injuries, he or she can sue for the income lost in that time. If the plaintiff suffers permanent injuries that limit his or her future earning potential, the plaintiff could receive compensation for this as well.

Pain and suffering

The plaintiff can claim compensation for the physical pain, mental anguish, and emotional suffering experienced after a motorcycle accident. Punitive damages. If the jury decides that a defendant’s behavior was grossly negligent, intentionally harmful, or manifested from malice, the jury may award punitive damages to the plaintiff as a means of further punishing the defendant.

After any motorcycle accident, you will more than likely have to deal with insurance companies in some capacity, whether it is to file a claim against an at-fault driver’s policy or against your own. It is essential to hire an attorney before talking to any insurance agents.

Reduced/Denied Claim

Insurance agents will attempt to reduce or deny your claim, and an attorney can help prevent this. If you have an attorney handle all your correspondence with insurers, they will be less likely to engage in high-pressure tactics to try and convince you to settle for less than coverage dictates.

These are some common causes of motorcycle crashes:

• Reckless and negligent driving
• Hazards on the road such as debris, uneven lanes, puddles, potholes, etc.
• Car drivers failing to see the motorcyclists when changing lanes, turning, or speeding up.

Visibility

The most frequent cause of a passenger vehicle-motorcycle accident is visibility. The vehicle’s driver is unable to clearly see the motorcyclist when changing lanes or turning. This may happen because the motorcycle falls into a driver’s blind spot. Or, the car driver fails to watch for other vehicles when maneuvering. Crashes are especially common when a car making a left turn fails to observe a motorcycle approaching with the right of way and drives into the cyclist’s path.

The Insurance Institute for Highway Safety’s highway loss data report in 2009 reported that:

More than 50% of motorcycle-related deaths involved an accident with at least one other vehicle. 42% of all fatal accidents involve two automobiles. And, these accidents occurred because of a car making a left turn, while the motorcycle was going straight. Overall, less than half of all fatal motorcycle accidents did not involve another vehicle

Some people automatically assume that if a motorcycle is involved in an accident, it is because the driver was engaging in reckless behavior, and is at fault. This is clearly not always the case.

We will handle all aspects of your case if you become our client. And, that includes fighting your case in court when necessary to ensure the best possible financial outcome. When necessary, we will call upon accident reconstructionists and traffic safety engineers to assist in demonstrating the other driver’s liability for the accident.

Our firm has successfully recovered over $100 million in settlements and verdicts and has a 99 percent success rate in the cases which we accept. We can offer personalized attention because we are a small law firm.

We dedicate ourselves to one case at a time, while building a close personal relationship with our clients. And, we understand the challenges you face in the aftermath of an accident. And, we will work tirelessly to make sure these difficult times run their course as smoothly as possible.

Free Consultation

Our consultation is free, and we do not charge any fees unless we recover an award for you. We have the experience, knowledge, and legal expertise to effectively fight for the justice that you deserve.

We aggressively pursue all cases we take on. And, we attribute our success rate to our dedication to each client’s needs. Call today to set up your complimentary case analysis.

Client Testimonial

“I was injured in a motorcycle accident. Therefore, I engaged Sid Weinstein to represent me. I hope I never need a personal injury attorney again, but if I do, it will be Sid Weinstein. Essentially, what he and his firm offer is peace of mind.” – J.T.