Morotcycle Car Accidents
Opting for qualified and experienced attorney is extremely important in case of motorcycle car accidents as they can help you in dealing with the legal and medical issues that are the result of a serious motorcycle car accident. It is worth mentioning in this regard that claims resulting from motorcycle car accidents can be complex. Thats why, it is pivotal that you opt for the experienced accident lawyers who will help you in every regard of the case. It is difficult for injured victims and their family members to deal with all the problems and uncertainties associated with a motorcycle crash. In this scenario, let your attorney do the legal work for you while you concentrate on recovering from your injuries.
Motorcycle riders are in a unique position on the road. They enjoy the freedoms that come with their chosen form of transportation, but fact remains that they are also left exposed to dangers not met by automobile drivers and other motorists. Thats why, the lack of any substantial protective barriers between a motorcycle and the road, as well as the problem that motorists may experience in anticipating and seeing a motorcycle, leave riders prone to serious injury in the event of an accident.
It is therefore of utmost significance that motorcycle riders, must be aware of their legal rights and remedies if they are involved in a traffic accident. This is because of the fact that the insurance laws in your state may be very different with respect to motorcycles versus automobiles; consequently, it is very essential to consult with an attorney regarding the applicable laws in your state.
The danger that motorcycle riders face, and the need to protect their rights of recovery after an accident, become readily apparent when one goes through a below mentioned statistics:
* Statistically speaking, two-thirds of motorcycle accidents involve another vehicle, the driver of the other vehicle violated the motorcycle's right of way and caused the accident.
* If experts are to be believed, motorcyclists are about 26 times
more likely to die in a crash than someone riding in a passenger car, and are 5 times as likely to be injured. Motorcyclists were about 16 times more likely than passenger car occupants to die, and about 3 times as likely to be injured, than in a motor vehicle crash.
Some of the unique dangers faced by motorcycle riders on the road are mentioned below:
* Visual Recognition: Motorcycles make smaller visual targets that are more likely to be obscured by other vehicles or road and weather conditions. This is an issue especially at intersections, where approximately 70 percent of motorcycle-vehicle collisions occur.
* Road Hazards: Hazards that are minor irritations for an automobile can be a major hazard for a motorcycle rider. These include potholes, oil slicks, puddles, debris, or other objects on the roadway, ruts, uneven pavement, and railroad tracks.
* Speed "Wobble" Accidents: Particularly 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. If an accident is caused by such a high-speed wobble then the manufacturer of the motorcycle might be held financially responsible for any resulting injuries, under a product liability theory.
* Riding Skills & Familiarity: A motorcycle requires lot more skill and physical coordination to operate than a car. Many motorcycle accidents are caused in whole or in part due to riders lack of basic riding skills, or failure to appreciate the inherent operating characteristics and limitations of the motorcycle.
There is no denying the fact that motorcycle accidents, like all traffic accidents, generally happen because someone was careless -- or "negligent." The law applies a simple rule: If one person involved in an accident was less careful than another, the less careful one must pay for at least a portion of the damages suffered by the more careful one. Legal responsibility, or "liability," for almost all accidents is determined by this general rule and by one or more of the below mentioned simple propositions:
• It is worth mentioning in this regard that if the injured person was also careless, such as through the failure to observe certain traffic laws, his or her compensation may be reduced by the extent such carelessness caused the accident. This is called as "comparative negligence."
• On the other side of the coin, if a negligent person causes an accident while working for someone else, his or her employer may also be legally responsible for the accident. This issue can arise, for instance, when a delivery van strikes a motorcycle.
Also, if there was more than one person involved in a traffic accident in which you were injured, the law in majority of states provides that any one of the careless parties can be held responsible for compensating you fully for your injuries. The responsible parties must then resolve among themselves whether one should pay a greater share of the damages, because to his or her greater share of fault in causing the accident.
This procedure allowing an injured party to collect from any responsible person provides some important advantages. If one liable person is insured and another is not, the injured party can make a claim against the insured person for the full amount of his or her damages. And, even if several responsible parties are insured, the injured party can settle his or her claim with only one insurance company. Therefore, firstly, it is wise to notify everyone who might be responsible for an accident that you may file a claim for damages. Then, depending on their feedback and response about how the accident happened, you can pursue a claim against only one party.
Even if you were careless and partly responsible for an accident, in majority of states you can still get at least some compensation from anyone else who was also careless and partly responsible for the accident. The amount of the other person's liability for the accident is judged by comparing his or her carelessness with your own. That party's part of liability determines the percentage of the resulting damages he or she must pay. This rule of comparing fault is termed as "comparative negligence."
