By With the help of a motorcycle accident attorney, you can mitigate legal situations where you have been involved in a motorcycle accident. Most of these accidents are quite severe, leading to fatal injuries due to the negligence of the rider. When a case is filed where the motorcyclist is considered faulty rather than the other party, understanding and following the driving rules becomes not just important but crucial to avoid being considered at fault.
Understanding liability in motorcycle accidents is a legal necessity and a crucial step toward ensuring your safety and protecting your rights. Let’s delve into this critical topic.
Motorcycle Accidents vs. Passenger Vehicle Accidents
The similarity between traditional passenger vehicle accidents and motorcycle accidents is that in both cases, it is necessary to determine the fault before claiming insurance. However, in this case, the vehicle owner usually blames the motorcyclist for the collision, and in some cases, the motorcycle is wholly or partially at fault.
Motorcycle Accident Common Causes
The most common types of motorcycle accidents are:
- Mistakes by the driver — If the driver gets distracted, speed up, ignores the right way to drive, or is drunk, a collision can occur.
- Mistakes by motorcyclists — Motorcyclists who Engage in malpractices while driving, such as weaving in and out of traffic, lane splitting, speeding, or driving under the influence of alcohol, can lead to accidents.
- Road hazards — Environmental hazards such as loose gravel, potholes, uneven shoulders, grass clippings, and unsafe construction roads can cause motorcycle collisions.
Impact of personal injury case based on helmet law
It’s important to note that in a personal injury case, the fact that you were not wearing a helmet could be considered when determining the fair compensation amount. Riders who are 21 years old or older must provide proof of training or health plan coverage if they choose not to wear a helmet. In an accident, the fault would likely be attributed to the other party, even if you are not wearing a helmet. However, as advised by motorcycle accident lawyers, you must be aware of your rights and options regarding helmet use and its potential impact on compensation.
Is it legal to split lanes?
When the rider goes between the lanes due to the slow-moving vehicle, it is called lane splitting. This practice is not legal in all states, and the legality is decided based on the specific state’s laws. If it is illegal, you might be charged a significant fine, and if you are engaged in an accident due to lane splitting, you would be at fault and responsible for the damages caused. It’s important to note that even in states where lane splitting is legal, it should be done with caution and in a manner that does not endanger other road users.
Is it crucial to determine the fault in a motorcycle accident?
If compensation is filed, a determination based on insurance law is required. This determination involves thoroughly examining the accident, including collecting and analyzing various types of evidence such as accident reports, traffic cameras and surveillance footage, videos and photographs, eyewitnesses, property damage analysis, medical records, and expert testimony. If the driver is found to be faulty, he must cover all the damages, and the victim will receive compensation.
As a motorcyclist, you must prove your innocence in an accident to avoid a reduction in compensation, even if you are partially responsible. Obtaining a copy of the police report, which contains all the relevant information to determine fault, can be beneficial. Remember, you have rights and options, and working with a motorcycle accident attorney can provide you with a better understanding of these, instilling a sense of security and confidence in your legal position.