A Quick Overview Of Motorcycle Accidents

Motorcycle accidents can be incredibly dangerous, with victims normally sustaining serious injuries. This is simply because you do not have that much protection when you ride a motorcycle when compared with a regular vehicle. A collision between the two can easily become catastrophic. 

The only good news is that you can file a personal injury claim and you can get compensated for what happened. However, this is only the case when you were not at fault. If this is the case, you would need the help of motorcycle accident lawyers and you would need to go through a very complex process. 

Motorcycle Accident Liability

Negligence dictates liability in the vast majority of motorcycle crashes. We can define a negligent person as being an individual that behaves in a careless or thoughtless manner. The behavior is what causes the injury. Drivers need to be careful and avoid injuring others on the road, including other drivers, pedestrians, and passengers. When the driver was not careful and their actions led to an injury, the driver is considered liable. 

In most motorcycle crashes, the driver of a truck or a car is the negligent party. Drivers can become negligent when doing anything that should not have been done, like running red lights. Alternatively, negligence also applies when not doing something that should have been done, like checking the mirrors before a turn. 

Obviously, there are also cases when motorcycle riders are negligent. For instance, inebriated bikers could swerve right in front of vehicles, which could lead to the crash. In such a scenario, it is the bike rider that becomes liable for the car’s passengers’ injuries. 

Negligence Claim Elements

Negligence claims are made out of 4 elements. As the plaintiff, you need to prove the following things:

• The defendant had to be careful due to the law. In motorcycle and car crashes, this is considered to be a given. All motorists are required by law to be careful when they drive or ride. 
• The defendant exhibited behavior or actions that show they were not careful. This is done by comparing the conduct of the individual with what is considered to be reasonable, based on what most people would do. 
• It was the conduct of the defendant that led to the appearance of the injuries of the plaintiff. 
• There was an injury or losses were suffered. When motorcycle riders cannot prove damages or that they were hurt, it is impossible to file a personal injury claim. This is the case even if the defendant was acting in a manner that is considered to be careless. 

Motorcycle Accident Defenses

In some cases, both parties acted in a reckless way. If the motorcycle rider did something that did contribute to the collision, the defendant usually highlights this as a defense. This is a viable defense that could lead to lower compensation claims in most US states. However, in other states, the negligence of the motorcycle rider could lead to losing all rights of being compensated. Your motorcycle accident attorney will guide you through such possible complications.