Aside from having a special position on the road, motorcycle riders enjoy the freedom with their chosen form of transportation. However, they are also subjected to different dangers. The lack or the absence of substantial protective barriers between the motorcycle and the road may pose a difficulty in seeing other motorists, leaving these motorists exposed to dangers that can cause severe injury due to accident. Therefore, it is very important that the motorists must have knowledge of their legal rights and solutions if they experience a traffic accident. The insurance laws in your home state may be different in motorcycles against automobiles, thus, it is also ideal to consult with an experienced attorney about the applicable laws in your home state.
The Risks of the Road for the Motorcycle Riders
Here is an important statistics to show the risks that motorcycle riders encounter, and the necessity to protect their legal rights of recovery:
- Motorcyclists have 26 times the chances of dying in a crash compared to an individual who is riding in a passenger car, and which are 5 times the times to be injured.
- With per mile traveled in 1998, the motorcyclists were about 16 times the chances of dying compared to the passengers in a car, and about 3 times likely to be injured in a motor vehicle collision.
- Having two-thirds of motorcycle accidents which involve another vehicle, the driver of the other vehicle defied the motorcycle rider’s right of way that resulted to an accident.
Here are certain special problems that faced the motorcycle riders on the road:
- Road Hazards are dangers that are in the form of minor annoyances for the motorcycle riders which include oils slicks, debris, potholes, puddles, and other things on the roadway like uneven pavement, railroad tracks, and ruts.
- Visual Recognition where motorcycles have smaller visual targets and are likely to be hidden by other vehicles, or by road and weather conditions. This is an issue particularly at the intersections where there is about 70% of the motorcycle against vehicle collisions take place.
- Riding Skills; Familiarity where motorcycle is required to possess more skills and physical coordination to operate instead of car. There are many motorcycle accidents are results of the entire or part of the rider’s lack of basic riding skills, or unable to appreciate the inherent operating characteristics and restrictions of the motorcycle.
- Speed “Wobble” Accidents take place when motorcycles are at its higher speeds where the front end of the motorcycle may become irregular and start to shake or “wobble.” This concern may be a result of misalignment of the front and rear tires of the motorcycles. When the accident is a result of high-speed wobble, the manufacturer of the motorcycle might be held financially accountable for any injury under the product liability theory.
Legal Responsibility for a Motorcycle Accident
Similar to most of the motor vehicle accident cases, the motorcycle accident claims are always regulated by the legal notion of negligence.
Defective Motorcycle Design or Manufacture
Motorcycle does not have crashworthiness and protection for its passengers or riders. Unlike a car, motorcycle is light and it does not have doors, no roofs, no airbags, and without safety belts. The motorcycle is less safe and stable compared to a car since it has only two wheels. Even though, there are many factors that can contribute to motorcycle accident, particularly the lack of experience of the rider and failure to appreciate the restrictions of motorcycle, defects in the design of a motorcycle, or the manufacture should be counted as probable causes of accident, particularly when only the rider is involved.
An experienced personal injury lawyer knows about the product liability problems or recalls which involve some motorcycle models, and he/she can help you determine if you have a claim against the manufacturer of the motorcycle.
Obtaining Legal Assistance for Motorcycle Accident
If you or one of your family members is injured in a motorcycle accident, the best option you can make is to hire the professional services of an experienced lawyer who can protect your legal rights. The issues and problems in your claim, which include the adherence to the traffic laws, motor vehicle regulations, medical treatment problems, and liability issues, will need an expertise of a lawyer who is experienced in motorcycle accident liability. With legal deadlines to meet in filing injury claims, employ an attorney who can assess your case immediately.