Motorcycle accidents have many unique issues that are not present in car accidents. Consequently, if you are involved in a motorcycle accident, it is important to consult an attorney who can assist you with your claim. Some of the risks unique to motorcycle riding are:
Cars Can’t See Motorcycles: Motorcycles are smaller than cars and are easily hidden from cars. Consequently, many automobile drivers don’t see a motorcycle until it is too late to avoid a crash.
Road Conditions: Road hazards, such as debris, wet pavement or small objects, which are minor issues for cars can cause motorcycles to become unstable and crash.
Open Air: A motorcycle rider does not have a protective cage around him or her. Riders who are involved in an accident are more likely to sustain serious injuries because they have no protection from the elements.
Less Stable: A motorcycle is less stable than a car because it only has two wheels. Many accidents are caused when a rider tries to stop quickly and loses control of the motorcycle. Also, the front wheel can wobble at high speeds causing the rider to crash.
Skill Level: Motorcycle riding requires more skill than driving a car. New riders are more likely to get into an accident than experienced riders.
Dangerous Stunts: Some motorcycle riders like to perform stunts on their bike, such as going up on one wheel. These actions are dangerous for the rider who can lose control and crash.
The laws governing motorcycle accidents is the same as that for automobiles. Specifically, the injured motorcyclist must show that the other party was negligent and the negligence lead to the injuries. In most cases, the other vehicle is an automobile. In many cases the automobile driver was negligent because he or she was speeding through an intersection or did not properly check for the motorcyclists. However, as discussed above, a motorcyclist can also be negligent. For example, if he or she was performing stunts, lost control and was hit by a car. If both the motorcyclist and automobile were at fault, the court will examine the degree to which each person’s actions lead to the accident. The person with the greater degree of fault will be liable but the award may be reduced by the amount of negligence of the other person. Of course, if the motorcyclist does not suffer any injuries, even if the other party was negligent, there can be no recovery.
If you have been injured in a motorcycle accident, please contact us at 702-522-0696 so we can assist you in evaluating your case.