Motorcycle Accidents - An Overview
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 faced 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 motorists may experience in anticipating and seeing a motorcycle, leave riders prone to serious injury in the event of an accident. Motorcycle riders, therefore, must be aware of their legal rights and remedies if they are involved in a traffic accident.
The insurance laws in your state may be very different with respect to motorcycles versus automobiles; consequently, it is very important to consult with an attorney regarding the applicable laws in your state.
An attorney experienced in handling motorcycle-related claims will be able to advise you.
The Risks of the Road for Motorcycle Riders
The risks that motorcycle riders face, and the need to protect their rights of recovery after an accident, become readily apparent through a review of the following statistics:
- In two-thirds of motorcycle accidents involving another vehicle, the driver of the other vehicle violated the motorcycle's right of way and caused the accident.
- 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.
Some of the unique problems faced by motorcycle riders on the road include:
- Visual Recognition: Motorcycles are smaller and 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: 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. If an accident is caused by such a high-speed wobble, 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 much more skill and physical coordination 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
Motorcycle accidents, like all traffic accidents, generally happen because someone was careless -- or "negligent." The law applies a basic 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 rule, and by one or more of the following simple propositions:
- 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 known as "comparative negligence."
- 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 example, when a delivery van strikes a motorcycle.
When More Than One Person is at Fault
If there was more than one person responsible for a traffic accident in which you were injured, the law in most 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, due to his or her greater share of fault in causing the accident.
This rule 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 multiple responsible parties are insured, the injured party can settle his or her claim with only one insurance company. Thus, initially, it is wise to notify everyone who might be responsible for an accident that you may file a claim for damages. Then, depending on what is discovered about how the accident happened, you can pursue a claim against only one party.
How Your Own Carelessness May Affect Your Claim
Even if you were careless and are partly to blame for an accident, in most 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 determined by comparing his or her carelessness with your own. That party's portion of liability determines the percentage of the resulting damages he or she must pay. This rule of comparing fault is known as "comparative negligence."
Comparative negligence is applied in three slightly different ways, depending on the state where the accident occurred. The more generous states allow you to recover compensation for your injuries in an amount based on the other person's fault, no matter how great your own fault was. Most states, however, use a slightly more restrictive rule, under which you can't recover anything if your own carelessness was 50% or more responsible for the accident. Finally, a few states don't allow you to recover any compensation at all if your fault is any more than "slight" compared to the fault of the others involved, or if your own carelessness contributed in any way to the accident.
There is no formula for arriving at a precise number for a person's comparative negligence. During negotiations, your attorney and an insurance adjuster will discuss all of the factors that might have caused the accident. Then, the question of your own carelessness will be considered, along with all the other factors that determine how much your claim is worth -- such as the seriousness of your injuries and the amount of your medical bills.
Defective Motorcycle Design or Manufacture
Motorcycles lack crashworthiness and occupant protection. Unlike a car, a motorcycle is lightweight; it has no door, no roof, no airbags, and no safety belts. A motorcycle is less stable than a car because it only has two wheels. Although several factors can contribute to a motorcycle accident, especially operator inexperience and failure to appreciate the limitations of a motorcycle, a defect in a motorcycle's design or manufacture should be considered as a potential cause of an accident, especially one where only the motorcycle driver is involved. An experienced personal injury attorney will be familiar with any relevant product liability issues and, potentially, recalls of certain motorcycle models, and can help determine whether you have a claim against the motorcycle manufacturer.
Protecting Your Rights & Pursuing a Claim for Motorcycle Accident Injuries
If you have been injured in a motorcycle accident, there are a number of things you can do to protect yourself and preserve your right to recovery, even prior to consulting with an attorney:
- Stay at the accident scene. It is important to remain at the scene of the accident. Stay at least long enough to give your name and address to a police officer or the other driver. Leaving the scene before doing this could subject you to criminal penalties.
- Don't make definitive statements. Tell the police officer at the scene any relevant facts about the accident, but do not make any statements assessing or accepting blame for the accident. Also, try not to make any firm statements regarding the state of your health, because health repercussions may arise later. If asked, stating that you are unsure whether you are injured is perfectly acceptable. Be cooperative with law enforcement officials, but do not sign any unnecessary documents or take any action that might affect your right to recovery.
- Gather information from other drivers and witnesses. Because not all witnesses to your accident are going to wait for the police to arrive, try to get their names and phone numbers before they leave the scene. Collect from any driver involved the following information: Name, address, telephone number, driver's license number, insurance company, policy number, make and model of vehicle and license plate number.
- Take photographs. If possible, take pictures of the accident scene to record evidence that may soon disappear. Preserve any evidence related to your damages by taking photographs of your injuries, and of damage to your motorcycle or other property.
- Get medical attention and keep records. If you believe you may have sustained any physical injury, seek medical assistance immediately. The day after a motorcycle accident, you may feel pain that you weren't aware of immediately following the accident. The sooner you see a doctor after an accident, the more seriously your medical claims will be taken. Hold on to any records and bills related to treatment you receive. Your attorney will also be able to obtain medical records and billing information on your behalf.
- Track your expenses. Keep track of any expenses related to your accident and recovery. These can include motorcycle repair expenses, rental vehicle expenses, and time missed from work.
Your next consideration should be to find an attorney to help you evaluate the potential success and value of your claim.
Finding an Attorney
If you or a loved one has been injured in an accident while riding a motorcycle, the most important step in your financial recovery is to meet with a skilled attorney to discuss your situation. 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 and motor vehicle accident liability. In light of legal deadlines for filing injury claims, meeting with an attorney to evaluate your case as soon as possible is highly recommended.
Contact your attorney to arrange a consultation.
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