Personal Injury from Motorcycles Versus other Motorist Drivers
Motorcycle drivers may have freedoms that come from their chosen form of transportation, but they’re also exposed to additional dangers not common to automobile drivers.
The most obvious example is the lack of protective barriers between a motorcycle and the road, not to mention the difficulty other motorists have in anticipating and seeing a motorcycle pass by. As a result, motorcyclists are more prone to serious injuries if an accident occurs.
When it comes to seeking motorcycle injury compensation, it’s vital to determine fault and liability for injuries. The two most common motorcycle accidents are motorist error and traffic law violation.
- Error: This situation involves automobile drivers and other motorists failing to notice motorcycles are close by. They either fail to see them at all, or don’t until it’s too late to avoid a collision. This is typically a result of distraction (cell phones or loud music), reflex delay (elderly drivers or handicapped), intoxication, and road rage.
- Traffic law violation: This situation involves motorists violating a traffic law, including failure to yield, failure to follow traffic signals, illegal traffic changes, and speeding, which results in colliding with a motorcyclist.
Motorcyclists are also at a higher risk of certain injuries compared to automobile drivers and other motorists. This includes second and third-degree burns from a motorcycle engine, broken bones, spinal cord injuries, internal bleeding, brain trauma, and other organ damage.
Who’s at Fault?
Motorcycle accidents are commonly the result of an automobile driver or other motorist’s negligence due to error or a traffic law violation. When this happens, motorists have violated their duty of “care” to the other driver and motorcyclists have the legal right to earn compensation for injures and any other related costs. This rule also goes the other way though, if motorcyclists neglect their duties and cause accidents with other automobile drivers.
Working with a vehicle accident lawyer ensures that if your case goes to trial, your attorney will help fight for you when it comes to the issue of deciding who is fault and providing supporting evidence.