If you own a motorcycle, you must be prepared for the risks of using it. According to the National Highway Traffic Safety Administration (NHTSA), motorcyclists were about 29 times more likely to die in a motor vehicle crash and four times more likely to be injured compared to passenger vehicle occupants. This is because motorcycles are smaller, less stable, and don’t have a protective enclosure.
As mentioned, motorcycle accidents are more likely to be fatal than car collisions, especially if a motorcycle collides with a much bigger vehicle like a truck. Because motorcyclists often suffer devastating injuries in a crash, the claims in such cases are typically higher.
However, it would largely depend on the circumstances and available evidence if you’re eligible for compensation. As proving whoever is at fault is a complicated process, it would be best to seek out an expert personal injury lawyer from Townsend Law to help you recover damages.
Also, here is a guide to help you understand some crucial details about motorcycle accident lawsuits.
What Are The Causes Of Motorcycle Accidents?
Motorcycle accidents may happen in different ways. Understanding these causes will help you become more vigilant of the dangers involved in riding your motorcycle.
Here are the common causes of motorcycle accidents:
- Accidents Caused By Speeding
Speeding is one of the most common causes of motorcycle accidents. This means driving above the prescribed speed limit. It also means traveling too fast under unsafe conditions, such as during a storm where there’s reduced visibility.
- Accidents Caused By Other Cars
Another usual cause of motorcycle accidents is a collision with cars. According to experts, it happens because motorcycles look slower and less harmless compared to trucks running at a similar speed.
- Accidents Caused By Lane Splitting
Lane splitting is driving between two road lanes. This usually happens when traffic is slow-moving or at a standstill. Even though it’s a common cause of motorcycle accidents, lane splitting is legal in California and many Asian countries.
Accidents may occur because car drivers didn’t anticipate the presence of lane splitters. It’s also possible for a motorcyclist to clip a car’s side mirror, causing the motorcycle to lose control.
- Accidents Caused By Grass Clippings
Surprisingly, even grass clippings due to mowing one’s lawn could cause motorcycle accidents. When a homeowner or a lawn care company blows grass clippings onto the road, the road becomes slippery, causing your motorcycle to lose traction and control.
Who Is Liable In A Motorcycle Accident?
In general, the legal principle of ‘negligence’ determines liability. There is negligence if a person behaves carelessly or thoughtlessly and causes injury to another person. This makes the negligent person legally liable for the resulting harm or injury.
In some motorcycle accidents, the car or truck driver may be held liable if he was speeding, distracted while driving, or impaired by alcohol or some other substance.
In other cases, however, it may be the motorcyclist who’s negligent and therefore liable for the accident if he ran a red light, swerved in front of another vehicle, or was inebriated while driving.
How Do You Prove Negligence In A Motorcycle Accident?
You need to establish four elements in a negligence claim.
- Duty Of Care: This refers to the responsibility of motorists to exercise reasonable care and diligence when driving.
- Breach Of Duty Of Care: This means the other driver violated his duty of care by being reckless or careless compared to a ‘reasonable person.’
- Causation: The other driver’s negligent behavior directly caused your injuries.
- Damages: This refers to losses suffered as a result of the accident.
What Evidence Is Needed In A Motorcycle Accident Lawsuit?
You’ll need to present substantial evidence to recover damages in a motorcycle accident claim. Some of these include the following:
- Police Report: It contains pertinent information about the accident, such as the initial police investigation results. The police report could include statements from the parties involved, including witnesses present at the accident scene, the approximate speed of your motorcycle and the other car before the accident, and weather conditions.
- Photos And Videos: It is essential to present pictures or videos of the scene of the accident, damage to your motorcycle and the other vehicle, tire marks or debris on the road, and your injuries.
- Hospital Bills: This shows the medical expenses you’ve incurred due to injuries sustained in the motorcycle accident.
- Proof Of Lost Income: You could ask your supervisor to produce a document indicating your name, position, salary rate, and the number of days you missed due to the accident.
Final Words
Motorcycle accidents are dangerous and even more catastrophic if the collision involves a large vehicle, such as a truck. Because of this, injuries are typically more severe than in other road traffic accidents.
However, establishing the liability of the party at fault involves complex legal procedures. So, if you’re the victim of a motorcycle accident, contact a lawyer with expertise and experience in personal injury claims to start the process as soon as possible.
