Motorcycle Accident Attorney
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The most recent report card issued by the National Highway Traffic Safety Administration for 2009 says; nationwide 5,154 motorcyclists died in 2009 and 103,000 were injured - *NHTSA Motorcycles Traffic Safety Fact Sheet 2009 (PDF document). About half of all motorcycles involved in a fatal accident collided with another vehicle.
Motorcycle riders are in a unique position on the road. They enjoy the freedoms that come with their chosen form of transportation, but they are also left exposed to dangers not met by automobile drivers and other motorists. The lack of any substantial protective barriers between a motorcycle and the road, as well as the difficulty that other motorists may have in anticipating and seeing a motorcycle, leave riders prone to serious injury in the event of an accident.
Motorcycle riders, therefore, must be aware of their legal rights and remedies if they are involved in a
motorcycle accident. Insurance laws may vary from state to state, consequently, it is very important to consult with an attorney regarding the applicable laws and your rights in your state.
INJURED IN A MOTORCYCLE ACCIDENT? CALL the Nezhad Law Firm NOW for a FREE CONSULTATION.
NOTE: Helmets saved approximately 1,784 lives in 2009; another 800 lives could have been saved if helmets were worn
by all motorcyclists.
The Risks of the Road for Motorcycle Riders:
In two-thirds of motorcycle accidents involving another vehicle, the driver of the other vehicle violated the motorcycle rider's right of way and caused the accident. Per vehicle mile traveled in 2006, motorcyclists were about 35 times more likely than passenger car occupants to die, and about 8 times as likely to be injured, in a motor vehicle crash.
Some of the unique problems faced by motorcycle riders on the road include:
Visual Recognition: Motorcycles make smaller visual targets, which are more likely to be obscured by other vehicles, or by road and weather conditions. This is an issue especially at intersections, where approximately 70 percent of motorcycle-versus-vehicle collisions occur.
Road Hazards: Hazards that are minor irritations for an automobile can be a major hazard for a motorcycle rider. These include potholes, oil slicks, puddles, debris, or other objects on the roadway, ruts, uneven pavement, and railroad tracks.
Speed "Wobble" Accidents: Especially at higher speeds, the front end of a motorcycle may become unstable and begin to shake or "wobble." This problem may be due to a misalignment of the front and rear tires of the motorcycle. If an accident is caused by such a high-speed wobble, the manufacturer of the motorcycle might be held financially responsible for any resulting injuries, under a product liability theory.
Riding Skills: Familiarity: A motorcycle requires much more skill and physical coordination to operate than a car. Many motorcycle accidents are caused in whole or in part by a rider's lack of basic riding skills, or failure to appreciate the inherent operating characteristics and limitations of the motorcycle.
Determining Legal Responsibility for a Motorcycle Accident:
Like most motor vehicle accident cases, motorcycle accident claims are almost always governed by the legal concept of negligence.
Defective Motorcycle Design or Manufacture:
Motorcycles lack crashworthiness and occupant protection. Unlike a car, a motorcycle is lightweight; it has no door, no roof, no airbag, and no safety belts. A motorcycle is less stable than a car because it only has two wheels.
Although several factors can contribute to a motorcycle accident, a defect in a motorcycle's design or manufacture should be considered as a potential cause of an accident, especially one where only the motorcycle rider is involved. An experienced personal injury attorney will be familiar with any relevant product liability issues or recalls involving certain motorcycle models, and can help determine whether you have a claim against the motorcycle manufacturer.
Getting Legal Help for a Motorcycle Accident:
If you or a loved one have been injured in a motorcycle accident, the most important step in protecting your legal rights is to meet with a skilled attorney to discuss your case. Issues in your potential claim, including compliance with traffic laws, motor vehicle regulations, medical treatment issues, and liability determinations, all require the expertise of an attorney who is experienced in the area of motorcycle accident liability. In light of legal deadlines for filing injury claims, meeting with an attorney to evaluate your
motorcycle accident case as soon as possible is recommended.
Victim of a Motorcycle Accident? Contact us Now!
