Motorcycle Accident Claims – Proving Liability

Motorcycle accident claims can be a challenge. Personal Injury Attorney Tim David explains what you need to know.

Motorcycle accidents occur every day and often lead to serious injuries for victims. Unfortunately, many victims of motorcycle crashes never recover the compensation they deserve because of misunderstandings about liability in these types of accidents. If you have been the victim of a motorcycle crash and need to file a motorcycle accident claim, it is very important to understand your rights and to seek the support and help of an attorney experienced in representing victims of these types of accidents.

Risky Riding—Motorcycle Accident Facts

While there are many safe motorcycle drivers, statistics show that motorcycle operators are more likely to be injured than passenger car occupants. Motorcycles are small and light compared to passenger vehicles, making them harder to see and prone to skidding and ejection of the rider if a collision occurs. According to figures from the federal government, motorcycle riders are 35 times more likely to die in accidents than passenger vehicle occupants.

Motorcycle riders face unique risks on the road. Not only are motorcycles less visible than larger vehicles, they also react differently to debris in the road, uneven surfaces and wet pavement. Most importantly, motorcycle riders have little in the way of protection in a crash when compared to passenger vehicle occupants.

While helmets provide some protection, they are not always effective in preventing serious head injuries resulting from ejection.

Who Is Liable in Motorcycle Accident Claims?

Another problem facing motorcycle accident victims is proving the negligence of another driver. While the majority of motorcycle accidents are caused by other drivers, there is still an attitude prevailing among many members of the public that motorcycles are inherently dangerous. This can lead to a loss of sympathy for a motorcycle accident victim if he or she cannot clearly show negligence on the part of another driver.

In order to show negligence, motorcycle accident victims must show that another party failed to use reasonable caution. This failure to use caution could be due to driving a vehicle recklessly or being negligent in some other fashion, such as allowing debris to remain on a public road. Motorcycle accident victims must also show that the negligent action of this party or person resulted in the injuries he or she sustained.

In some cases, the person who caused the crash may try to blame the victim. This is more often the case in motorcycle accidents than in some other types of crashes. Depending on the circumstances of the accident, negligence on the part of the motorcycle rider could lead to a reduction of the amount he or she is able to collect from a lawsuit.

It is extremely important for a motorcycle accident victim to gather evidence to show the negligence of the responsible party. In this effort, the help of a motorcycle accident attorney experienced in handling motorcycle accident claims may be invaluable.

The attorneys at David & Philpot, P.L. help victims gather evidence from the crash site which can support claims for medical bills and other expenses related to their accident. This evidence can help prove that he or she was injured due to the negligence of another and deserves compensation. Contact us today at 800.360.7015 for a free consultation about your case.