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 exposed to dangers not met by automobile drivers and other motorists. For instance, 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.
As a result, motorcycle riders 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 compared to automobiles; therefore it’s very important to consult with an attorney regarding the applicable laws in your state.
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:
Some of the unique problems faced by motorcycle riders on the road include:
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. If the motorcycle operator was partially at fault for the accident, he or she may not be able to recover damages under contributory negligence principles. If comparative negligence applies, the damages may be calculated based on the amount of each party's fault.
Motorcycle Design or Manufacture Defects
Some motorcycle accidents can be attributed to a defect in the design or the manufacture of the motorcycle. If the motorcycle had a design defect, the company planned,or designed the vehicle in such a way that an injury could foreseeably result. A manufacturing defect, on the other hand, means that there was some deviation from the intended design while the motorcycle was being assembled, and this deviation rendered the motorcycle dangerous in some way.
Motorcycle Accidents - Find Legal Help
If you or a loved one have been injured in a motorcycle accident, you should first seek immediate medical treatment. Then, you may want to discuss your situation with a local car accident attorney who can help you understand what your next steps should be. Getting legal help can put your mind at ease and let you focus on what matters most -- getting better.
Contact a qualified auto accident attorney to make sure your rights are protected.