Motorcycle Accidents – Overview
No doubt motorcycle riders have a unique position on the road. While enjoying the freedom inherent in their chosen form of transportation, they also face hazards not encountered by car drivers and other motorists. Riders are exposed to serious injury because of the obvious lack of any significant protective barriers between a motorcycle and the road, as well as the difficulty that other motorists have in observing a motorcycle. Thus, motorcycle riders must be aware of their legal rights and remedies if they are in an accident. The insurance laws vary from state to state and are often different with respect to motorcycles versus automobiles. Consequently, it is very important to review your case with a Sarasota or Bradenton motorcycle accident lawyer regarding the applicable laws in Florida. For a free case evaluation at your home, complete the form below.
Risks and Motorcycle Riders
Here are some important statistics about motorcycle crashes and the risks that motorcycle riders face. It becomes obvious that a victim of a Sarasota or Bradenton motorcycle injury will need to protect their rights to compensation following an accident:
1) Right of way violations are responsible for approximately two-thirds of motorcycle accidents involving another vehicle. The driver of the other vehicle caused the accident by violating the motorcycle rider’s right of way.
2) Motorcyclists are about 25 times more likely to die in an accident than someone riding in a passenger car, and are 5 times as likely to be injured.
3) Motorcyclists, per mile travled in 1998, were about 16 times more likely than passenger car occupants to die, and approximately 3 times as likely to be injured, in a vehicle crash.
Some problems unique to motorcycle riding on the road include:Observation: Motorcycles are smaller and thus harder to see than other vehicles, and sometimes road conditions make it hard to spot them. This is true especially at intersections, where about two-thirds of motorcycle-vehicle collisions occur.
Road Hazards: Hazards that are insignificant or minor for an automobile can be a very dangerous for a motorcycle rider. Examples include potholes, oil slicks, puddles, debris, or other objects on the roadway, ruts, uneven pavement, and railroad tracks.
“Wobble” (Speed) Accidents: Particularly at increased speeds, the front end of a motorcycle may become unstable and begin to wobble or shake. Probably because of a misalignment of the front and rear tires of the motorcycle. If an accident results from such a high-speed shaking, the maker of the motorcycle might be held financially responsible for any resulting injuries, under products liability law.
Rider Skills: A motorcycle requires much more skill, physical coordination, and familiarity to operate than a car. A large number of motorcycle accidents are caused by a rider’s lack of basic riding skills, or failure to understand the inherent operating characteristics and limitations of the particular motorcycle.
Fault for a Motorcycle Accident
Like most vehicle accident cases, motorcycle accident claims in most cases are governed by the legal concept of fault also known as negligence.
Defective Product – Design or Manufacture
Motorcycles do not provide crashworthiness or occupant protection. A motorcycle, unlike other vehicles, is lightweight; has no door, roof, airbags, or safety belts. It is less stable than a car due to having only two wheels. Many different factors can contribute to a motorcycle accident like
1) operator inexperience
2) failure to appreciate the limitations of a motorcycle
3) a defect in a motorcycle’s design or manufacture
Number three above should be always be considered as a potential cause of an accident, especially one where only the motorcycle rider is involved. An experienced Sarasota Bradenton Florida personal injury attorney will be familiar with any relevant motorcycle product liability issues or recalls regarding certain motorcycle models, and can help determine whether you have a claim against the maker of the motorcycle.
Seeking Legal Help for a Sarasota or Bradenton Motorcycle Accident
If your or anyone you know has been injured in a motorcycle accident, the most important step in protecting legal rights is to meet with a skilled Sarasota Motorcycle Accident Injury Lawyer to discuss the case. The issues of a potential claim, including complying with traffic laws, motor vehicle regulations, medical treatment issues, and liability determinations, all require the expertise of a Sarasota Bradenton Motorcyle Injury 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 a case as soon as possible is extremely important.
For a FREE EVALUATION of a motorcycle accident claim, call Harris Law Group today at 941-366-0860 or toll free 1-888-717-HURT.
This blog post is an exception to the usual "personal injury related only" rule on this blog. The Maryland Court of Appeals (Maryland's "supreme court") ruled unanimously today that Maryland must recognize as married same-sex couples who legally wed in other states. A married same sex couple from California sought a divorce here in M […]
Runaway juries are the big problem in medical malpractice cases. Juries see a sympathic plaintiff and, unchecked by reason, they start writing oversized checks. Liberal judges aid and abet the crime. This belief has taken deep root in Maryland - and in most states - that has led to the enactment of scores of laws to impede medical malpractice lawsuits. Most […]
Max Kennerly writes a really good post telling the story of how a defendant's medical malpractice lawyer tried to bully the plaintiffs' expert by writing the expert's hospital to express the concern that the expert's testimony might expose the hospital to significant liability. Malpractice defense lawyers learned this trick at the feet of […]