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Motorcycle Accident Lawsuit

Motorcycle Accident Lawsuit

Motorcyclists are exposed to an entirely different set of rules and dangers than other drivers on the road. The extra degree of freedom granted to motorcycles is met with a much higher degree of danger. Last year alone, there were more than 88,000 motorcycle injuries and almost 5,000 deaths on U.S. roadways. With these high accidents statistics, it is important that motorcyclists understand their legal rights while operating their motorcycle. In the case of an accident, motorcyclists should also be familiar with the process of a motorcycle accident lawsuit so that they can take to be compensated for another driver’s negligence.

 

Common Causes of Motorcycle Accidents

  • Riding Skills: Operating a motorcycle takes much more skill than any other type of vehicle. Just like any other vehicle, operating skills are developed over time with practice. Unlike other motor vehicles, the consequences of making a mistake are much more drastic for a new rider. Many motorcycle accidents occur at least in part due to a new rider’s lack of skills.

 

  • Visual Recognition: motorcycles are much smaller than other motor vehicles. They also move with more agility and ease, giving motorcyclists the ability to shift in and out of lanes quickly. Often times another vehicle may not recognize a motorcycle, because it is too small and moves too quickly, and the other motorists runs into the motorcycle. This is especially true in intersections, which is where nearly 70% of all motorcycle-automobile accidents occur.

 

  • Road Hazards: any hazard on the roadway, be it a pothole, blown tire, debris, etc. is no threat to a normal automobile. For motorcycles, however, these hazards are often the cause of accidents. Common accidents from hazards are either due to a motorcyclist running into the object, or trying to avoid the object only to hit another vehicle or go off the road.

 

  • High Speed Risks: Along with the risk of lack of visual recognition by other drivers, high speeds can cause an array of dangers to motorcyclists. More commonly, motorcycles operating at higher speeds can experience “speed wobbles”, the consequence of a misalignment of the front tire causing it to wobble unsteadily. Speed wobbles can actually be an issue with the manufacturing of the motorcycle itself, and in certain situations the manufacturer can be held accountable for product liability (Link article).

 

Liability in a Motorcycle Accident Lawsuit

Like other vehicle accidents, the negligent party is held responsible for motorcycle accidents. Consider negligence liability (link article) when deciding who should be responsible for accident damages. If both parties are somewhat at fault, there may be comparative negligence and they will need to decide to what degree each is liable for damages.

Unlike other motor vehicle accidents, product liability is more common amongst motorcycle accidents. An issue with design or performance in a vehicle likely just means that it needs to go to a shop, but for motorcycles there are serious consequences. If your motorcycle wreck was due to a malfunction in your bike, you may be entitled to compensation from the manufacturer.

 

Motorcycle Accident Lawsuit — Seeking Legal Aid

 Motorcycle road laws and insurance laws differ in every state. Even within your state’s automobile laws, motorcycle laws are likely a separate entity from other motor vehicle laws. It is helpful to seek consultation from a personal injury attorney who is familiar with the road laws and regulations that apply to you.

The steps necessary to compile a product liability case are extremely complex. If you believe that your motorcycle accident was the result of a malfunction in your motorcycle then you should contact an attorney to help make a claim against the manufacturer.

At TorHoerman Law, our dedicated team of personal injury attorneys is here to help you through your motorcycle accident lawsuit.

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