Motorcycle accidents typically result in more severe injuries than auto accidents. No structure surrounds riders to cushion them against contact with another vehicle. This can result in significant personal injury awards because the law bases awards on the extent of a victim's injuries.
Most Motorcycle Accidents Are Caused by Automobiles
Automobiles cause about 75 percent of motorcycle accidents. Motorcycles are harder for automobile drivers to see on the road. Most motorcycle accidents are not the fault of the motorcyclist, but are due to an error on the part of an automobile driver.
Accidents Involve Negligence
Anyone who operates a vehicle, either a motorcycle or an automobile, has a legal obligation to use reasonable care while doing so. This means driving cautiously and sensibly, not exceeding the speed limit, and not running stop signs. In legal terms, to do otherwise is negligence. Most vehicular accident claims are lawsuits based on negligence, alleging that a driver did not take due care not to hurt someone else on the road. However, for a successful lawsuit, the injured party must also prove in court that the driver's negligence caused the injury.
Passengers Can Sue the Motorcyclist
Although most motorcycle accidents are the result of negligence on the part of an automobile driver, injuries can also result when the motorcyclist fails to use reasonable care in operating the bike. The driver of the motorcycle might be weaving in and out of the stream of traffic, might cut off an automobile too closely, or take a turn at a high speed. If an accident occurs, and if a passenger was aboard the motorcycle, the passenger can file a personal injury lawsuit against the motorcycle driver.
There are Statutes of Limitation
As with all personal injury lawsuits, you have a limited time to make a claim for injuries resulting from a motorcycle accident. State legislative codes determine personal injury laws and rules, so the amount of time you have can vary depending on where the accident occurred. However, you typically have less than a year to file your lawsuit.
A Personal Injury Lawyer Can Help
The law surrounding personal injury and motorcycle accidents is complicated. Plus, the facts of each case are unique. This article provides a brief, general introduction to the topic. For more detailed, specific information, please contact a personal injury lawyer.