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Motorcycle Accidents
Motorcycle riders are in a unique position on the road. They enjoy the freedoms that come with their chosen form of transportation, but they are also left exposed to dangers not met by automobile drivers and other motorists. The lack of any substantial protective barriers between a motorcycle and the road, as well as the difficulty that other motorists may have in anticipating and seeing a motorcycle, leave riders prone to serious injury in the event of an accident. In two-thirds of motorcycle accidents involving another vehicle, the driver of the other vehicle violated the motorcycle rider’s right-of-way and caused the accident. Sadly, motorcyclists are about 26 times more likely to die in a crash than someone riding in a passenger car, and are five times as likely to be injured.
Motorcycle riders, therefore, must be aware of their legal rights and remedies if they are involved in a traffic accident.
Some of the unique problems faced by motorcycle riders on the road include:
- Visual Recognition: Motorcycles make for smaller visual targets, which are more likely to be obscured by other vehicles, or by road and weather conditions. This is an issue especially at intersections, where approximately 70 percent of motorcycle-versus-vehicle collisions occur.
- Road Hazards: Hazards that are minor irritations for an automobile can be major for a motorcyclist. These include potholes, oil slicks, puddles, debris, or other objects on the roadway, ruts, uneven pavement, and railroad tracks.
- Speed “Wobble” Accidents: Especially at higher speeds, the front end of a motorcycle may become unstable and begin to shake or “wobble.” This problem may be due to a misalignment of the front and rear tires of the motorcycle.
- Riding Skills: A motorcycle requires much more skill and physical coordination to operate than a car. Many motorcycle accidents are caused in whole or in part by a rider’s lack of basic riding skills, or failure to appreciate the inherent operating characteristics and limitations of the motorcycle.
Determining Legal Responsibility for a Motorcycle Accident
Like most motor vehicle accident cases, motorcycle accident claims are almost always governed by the legal concept of negligence. Specifically, in negligence claims, the plaintiff (the person injured) tries to show that the defendant (the person supposedly at fault) owed a legal duty of care to the plaintiff under the circumstances and failed to fulfill (“breached”) that legal duty through conduct or action (this can include a failure to act), caused an accident or injury involving the plaintiff and harmed or injured the plaintiff as a result.
Getting Legal Help for a Motorcycle Accident
If you or a loved one has been injured in a motorcycle accident, the most important step in protecting your legal rights is to meet with a skilled attorney to discuss your case. Issues in your potential claim, including compliance with traffic laws, motor vehicle regulations, medical treatment issues, and liability determinations, all require the expertise of an attorney who is experienced in the area of motorcycle accident liability. In light of legal deadlines for filing injury claims, meeting with an attorney to evaluate your case as soon as possible is the best way to ensure your legal rights are protected.
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