General Motorcycle Accident Information

An overview of Motorcycle Accident Law, including a guide to determining liability and fault, a list of the types and causes of Motorcycle Accidents, and an explanation of the statute of limitations in Motorcycle Accident Cases.

Understanding Motorcycle Crashes · Types of Motorcycle Accidents · Causes of Motorcycle Accidents · Determining Fault and Liability in Motorcycle Accidents · Statute of Limitations

Understanding Motorcycle Crashes

Motorcycle accidents can be tragic and devastating for bikers of all ages. According to the U.S. Department of Transportation’s National Highway Traffic Safety Administration (NHTSA), in 2006 4,810 people died in motorcycle crashes. It is rare for any biker involved in a motorcycle accident to escape injury because motorcycles offer very little protection. They are lightweight and lack doors, airbags, seat belts, and a roof. Motorcycles are prone to crashes because they are less stable than cars and must balance on two wheels. In addition, their size makes them less visible to other motor vehicle drivers. Victims of motorcycle accidents often suffer serious injuries to the head, spine, pelvis, or knees. Broken bones, burns, and internal injuries can also result, and it can take years to make a full recovery. In some cases, motorcycle accidents lead to permanent disabilities and death. Compensatory damages, general damages, and, less frequently, punitive damages may be available to individuals who are injured in a motorcycle crash. A motorcycle accident attorney has the unique and specialized understanding of motorcycle accidents and the applicable laws necessary to represent the accident victim effectively and successfully.

Types of Motorcycle Accidents

Motorcycle-car collisions and motorcycle-truck collisions are the most common types of motorcycle accidents. These types of accidents often occur when negligent car drivers and truckers fail to see the motorcyclist, fail to yield the right of way, or fail to check blind spots when switching lanes. As a result, the motor vehicle and motorcycle collide or the motorcycle swerves and crashes. Additional types of motorcycle accidents include:

Single-bike accidents, including low siding, high siding and “endo” (end over after jamming on the brakes) Motorcycle-pedestrian accidents Left turn collisions Rear end collisions Speeding/reckless driving accidents Alcohol/drug-related accidents Accidents caused by defective design or manufacturing problems Hit and run accidents Hit with open car door Dangerous road accidents Crashes involving uninsured and underinsured motorists Construction zone accidents

Causes of Motorcycle Accidents

Motorcycle accidents can be caused by a variety of factors, and awareness of these factors can help bikers avoid becoming the victim yet another tragic motorcycle crash. The most frequent cause of motorcycle accidents is failure on the part of other motorists to see motorcycles, which can lead to devastating collisions, serious personal injury, and even death.  Some additional causes of motorcycle accidents include:

Dangerous road conditions, such as potholes, debris, grease/motor oil on the road, and uneven road surfaces Speeding, which can cause the front end of the motorcycle to wobble and lead to loss of control Poor motorcycle maintenance (Motorcycles need constant and careful maintenance to ensure they will be safe out on the open road.) Car doors opening unexpectedly Engine or brake failure Defective equipment, such as handlebar defects, rear tire defects, and fuel line defects Alcohol or drug use Motorcyclist's inexperience Rider error (The most common error is a slideout and fall, often caused by overbraking or running wide on a curve because the rider was going too fast.) Bad weather conditions

Determining Fault and Liability in Motorcycle Accidents

As with any motor vehicle accident, determining who is at fault in a motorcycle accident is a matter of discerning who was negligent. This requires consideration of factors that may have contributed to the accident, such as driver skill, fatigue, road conditions, weather, intoxication, and violations of traffic laws.

If a motorist failes to see the motorcyclist, turns in front of the motorcycle, cuts off the motorcycle, or strikes the motorcycle while passing another car, the motorist will likely be found liable. Liability can also be determined by evaluating if the other driver did something that an ordinary prudent driver should not have done in similar circumstances. Even though there may be no violation of a rule of the road or statute, if the driver did not use ordinary care when operating their car and caused injury to a motorcyclist as a result, liability will be assessed.

Comparative fault may also be considered in motorcycle accident cases. This examines the extent to which the motorcyclist was responsible for the accident.

If fault is successfully proved, a motorcycle accident victim may be entitled to recover damages for medical expenses, lost wages, and pain and suffering.

Fault issues in motorcycle crashes can be complex. A motorcycle accident lawyer will study police reports, state traffic laws, witness statements, and more in order to determine who was at fault in your motorcycle accident so that you get the compensation you deserve.

Statute of Limitations

Statutes of limitations restrict the time period that a person injured in a motorcycle accident can file a lawsuit. These statutes vary by state and by cause of action. In motorcycle accident cases, the cause of action could be personal injury, wrongful death, or products liability, among others. Failure to bring a lawsuit or take the required legal action within the time limit may eliminate your right to recover compensation for the damages sustained as a result of a motorcycle crash. In order to ensure that the statute of limitations on your motorcycle accident case does not run out, you should contact a motorcycle accident attorney as soon as possible following the crash. If you put off seeking legal assistance, you diminish your chances of successfully recovering compensation. 



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Tags:  Legal Help · Motorcycle Accidents · Vehicle Accidents


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Thursday, May 24, 2012
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