Riding a motorcycle is undeniably fun, but it can also be more dangerous than a car. For every mile traveled, motorcycle riders are 26 times more likely to be killed in a crash than car drivers or passengers. In some cases, people involved in motorcycle accidents or their loved ones can take legal action against the other driver with the help of a motorcycle accident attorney.
Dangers Specific to Motorcycles
Motorcycle accidents happen more often because of a variety of factors, including the following:
- Less stability: They’re less stable than cars, so they’re more likely to be in an accident due to a pothole, an oil slick, or other issue that affects the road’s condition.
- New drivers: New car drivers certainly get in a greater number of accidents than those with more experience, and the same holds true for motorcyclists. Motorcycles are more difficult to handle, and a new rider may not be able to control his or her bike well and may underestimate its power.
- Less visible to other drivers: Motorcycles aren’t as visible as a larger vehicle such as a car. As a result, particularly in inclement weather, another driver may cause an accident because they didn’t see your motorcycle.
Proving a Motorcycle Accident Case
If you’re in a motorcycle accident, that was the other person’s fault, you should talk to a motorcycle accident attorney about the merits of filing legal action. Essentially, you’ll have to prove the following:
- Liability: This refers to who was liable, or at fault, for the accident. Did you have the right-of-way when you were hit, or was the other vehicle speeding? These are elements that can help prove the other driver was negligent and, therefore, liable.
- Damages: In order to collect damages, or money, you need to have been harmed in some way as a result of the other person’s action or inaction. You may be able to collect damages for medical bills, lost wages, and pain and suffering.
Laws That Vary by State
- Shared negligence
If you and the other driver were both at fault, laws vary from state to state, with some having assigning blame in different ways.
Some states, for example, divide fault and damages by percentages. So if you were 40% at fault, the other driver could be held responsible for 60% of your damages.
In other states, you may be able to collect the total amount of damages if you were less than 50 percent at fault. And in just a few states, any fault at all on your part will prevent you from collecting any damages.
- Helmet laws
Depending on the state in which you live, you may be required to wear a helmet while on your motorcycle in order to comply with the law. If you failed to wear it, this can sometimes affect the amount of damages you receive if the other driver can prove that your injuries would not have been as severe if you’d been wearing your helmet.
How a Motorcycle Injury Attorney Can Help
Issues surrounding personal injury motorcycle accident cases can be complicated and can vary from state to state. It’s important to seek the professional advice of an experienced 24/7 motorcycle accident attorney who can advise you on the possible merits of legal action.
If you do decide on such action, he or she can represent your interests and advise you regarding a settlement or whether to take the matter to trial.