Whether you use your motorcycle for pleasure or everyday transportation, one thing remains true: Other drivers can make riding motorcycles dangerous.
Motorcycle accidents can happen for a wide variety of reasons, most of them involving the negligence of other drivers.
Determining and proving the cause of your motorcycle collision will help you obtain favorable compensation for your injuries and losses.
Successfully establishing the cause is one of the more challenging parts of motorcycle crash cases. Fortunately, you don’t have to handle your case alone. A skilled San Jose motorcycle accident attorney can take on your case and seek a fair case result.
Motorcycle Accidents Often Have Severe Consequences
Motorcycles are inherently dangerous. Unlike vehicles, they are open and do not offer riders much protection. Additionally, they can be unstable and less visible to other drivers. Therefore, accidents are common, and these collisions often result in injuries and death.
Surprisingly, motorcycles only account for 3 percent of all registered vehicles in the United States. Still, in a recent year, over 82,000 injuries resulted from accidents, and motorcyclist collisions accounted for 14 percent of all traffic fatalities. Over the last decade, deaths have increased 19 percent.
If you suffered an injury in a motorcycle crash or lost a loved one in an accident, you have legal options. A motorcycle accident attorney can prove case-specific details, such as cause and liability, to help get you one step closer to compensation.
What Causes Motorcycle Accidents Most Frequently?
Motorcycle accidents are often the result of negligence. In many cases, other drivers are to blame for these collisions as they engage in dangerous driving behaviors and put motorcyclists at risk.
Motorcycle accidents can also result from governmental negligence and malfunctioning or defective products.
Distracted Driving
Distracted driving is a serious issue. While numerous distractions can arise, drivers need to keep their eyes on the road, hands on the wheel, and minds on the task at hand to avoid unnecessary collisions.
Some of the actions that most contribute to distracted driving include:
- Phone use, including texting, talking on the phone, emailing, and taking photos
- Changing the radio station
- Eating
- Grooming and putting on makeup
- Reaching or looking for something
A distracted driver may not notice the motorcycle and cause an accident.
Following Too Closely
Drivers are required to maintain a safe distance between their vehicles and the vehicle ahead of them. This allows for room if the vehicle ahead brakes quickly, giving you space to break without causing a rear-end collision. Many states even require a reasonable distance.
The same rule applies to motorcycles. Drivers should keep a safe distance between their vehicles and the motorcycle in front of them. Otherwise, they can hit the motorcycle from behind, seriously harming the motorcyclist.
Speeding
Speed limits exist for a reason – they represent a safe speed for that area and road. Drivers regularly become comfortable going above the speed limit, but speeding creates several risks.
When a driver speeds:
- There is an increased stopping time and distance
- They can lose control of their vehicle
- There is a decrease in the effectiveness of protective equipment, such as seatbelts
- The impact of the crash is much more severe, causing more serious injuries
Speeding results in a stronger impact, which is even worse for motorcycles. A motorcyclist hit at an increased speed is more likely to get ejected from the motorcycle and suffer substantially worse injuries.
Impaired Driving
Impaired driving is illegal in every state, and for good reason. If a driver is under the influence of alcohol or drugs, their driving abilities are severely impaired, increasing the chances of accidents and harm to others. Driving while under the influence can cause impairments to judgment, vision, and reaction times.
An impaired driver may not notice motorcycles, especially at night. Impaired drivers put motorcyclists at great risk.
Failure to Yield
Laws in every state touch on the importance of yielding in certain situations, like yielding to emergency vehicles. Regarding motorcycles, yielding is key when making turns, specifically left turns.
When drivers intend to make left turns, they must yield to oncoming traffic from the opposite side of the road. This requires stopping and looking before completing a turn. If a driver fails to carefully make their left turn, they may not see an oncoming motorcycle on time and collide with the motorcyclist.
Unsafe Lane Changes
To safely switch lanes, drivers should use turn signals to indicate their intention to change to the other lane and only make the switch if they lack the space to do so. Switching lanes in such a manner helps avoid collisions.
Doing so is especially key for drivers to do to protect motorcyclists. A driver wishing to switch lanes may not see a motorcycle, as motorcycles easily hide in blind spots. When a driver indicates and looks before switching, they decrease the chance of hitting motorcycles sharing the road.
Unsafe lane changes are specifically common when drivers experience road rage, as weaving in and out of lanes to advance in traffic is common.
Inclement Weather
Nobody controls the weather, and weather conditions can change from one moment to the next. However, it is a driver’s responsibility to adapt their driving to the weather.
Motorcyclists have a difficult time riding through bad weather themselves, especially when storms make visibility nearly impossible. When other drivers drive unsafely considering weather conditions, they put motorcycle riders at great risk.
Motorcycle Malfunctions and Defects
Motorcycles are dangerous to ride even when they’re in fine working order, but when a motorcycle has experienced some sort of malfunction or a part is defective, the danger increases. Motorcyclists can lose control of their bikes, causing them to run off the road or collide with other vehicles.
Hazardous Road Conditions
Certain road conditions can put motorcycle riders at an increased risk of accidents, including:
- Faded road marking
- Cracked, uneven pavement
- Insufficient lighting
- Obstructions
- Insufficient shoulders
- Shoulder drop-offs
- Potholes and sinkholes
- Loose gravel and debris
Any of these issues can cause a motorcyclist to collide with other vehicles or lose control of their motorcycle and crash.
Car Doors
Swinging car doors aren’t just an issue for bicycle riders.
Before opening a car door facing the roadway, drivers must look for cyclists and other vehicles. An unsuspecting motorcyclist may ride close to a vehicle parked on the side of the road, and if the driver suddenly swings open their door, it can hit the motorcyclist or cause the rider to crash into the door.
The Challenges of the Motorcycle Rider Stereotype
Unfortunately, in an accident, motorcyclists often face certain stigmas. More specifically, many see motorcycle riders as reckless daredevils with no regard for the law. While there do exist riders who enjoy taking risks on the road, this is not automatically the case for every motorcyclist.
This becomes a significant issue when it comes to cause and liability. The responsible party and their insurance company may try to use this negative stigma to their advantage, trying to shift the blame onto the motorcyclist, even if they played no part in their collision.
Fighting the stigma and making a strong case often requires the help of a qualified motorcycle accident attorney. Experienced lawyers know how to deal with these specific issues and do whatever is necessary to protect their client’s rights and reach a beneficial outcome, no matter the obstacles.
Common Motorcycle Accident Injuries
Because motorcycles provide riders with little to no protection in the event of an accident, riders are more at risk of suffering serious harm and complications from their injuries.
Some of the injuries most common in motorcycle collisions include:
- Road rash
- Cuts and lacerations
- Facial injuries
- Head and brain injuries
- Back and spinal cord injuries
- Crush injuries
- Internal injuries
- Broken bones
Depending on the extent of a rider’s injuries, subsequent issues may arise, such as the need to amputate a limb. Motorcyclists may also suffer long-term consequences of their injuries, like nerve damage, disfigurement, and brain damage.
Seeking Justice and Compensation Following a Motorcycle Collision
If a motorcycle accident harmed you, you may take legal action and pursue financial recovery.
When the accident involves another driver, you may start by filing an insurance claim. When you file a claim, the insurance company can accept it, offering you a figure they believe covers the value of your losses. If the settlement is fair, you can accept it and move on, and if it isn’t, you can engage in settlement negotiations.
If the insurance company denies your claim or will not settle for a favorable amount, you can take further action and file a personal injury lawsuit. Personal injury law protects injured victims and allows them to pursue compensation from responsible parties.
Personal injury lawsuits either settle or go to trial. Fortunately, most cases settle before going to court.
No matter where your case takes you, if you have a motorcycle accident attorney on your side, you can feel confident knowing your case is in capable hands. Your lawyer will fight diligently to protect your rights and interests and help secure a just case result.
Determining the Cause of a Motorcycle Accident
Your motorcycle accident lawyer may need to thoroughly investigate your accident to find answers to some of the most important questions, including the cause. You must prove the cause of your collision with strong evidence, including photos and videos, police reports, and witness statements.
You can start gathering evidence at the scene of your accident, if possible. Otherwise, your motorcycle accident attorney can obtain evidence as it becomes available to build your case.
Proving Liability for a Motorcycle Collision
After cause comes liability. Once you understand what caused your accident, you’ll know who you can hold accountable.
Depending on the details of your accident, you can hold several parties liable, including:
- Car and truck drivers
- A driver’s employer
- A city or governmental entity
- Manufacturers, distributors, and retailers
- Mechanics
Potential Damages for Motorcycle Crashes
Following a motorcycle accident, you’ll likely have to shoulder financial burdens. Pursuing damages for your collision can help relieve your financial woes and allow you to focus on your physical recovery.
Damages are case-specific, but can include compensation for monetary and non-monetary losses such as:
- Medical expenses
- Lost earnings
- Diminished earning capacity
- Property damage
- Pain and suffering
- Disability
- Loss of enjoyment of life
Numerous factors impact the value of your case, including the severity of your injuries, the cost of your medical treatment, and any mental and emotional suffering you incurred because of your crash.
Assigning an adequate dollar amount to your case can significantly help ensure you get the financial recovery you deserve.
How a Motorcycle Accident Attorney Can Help
Determining the cause is just one piece of the puzzle in your motorcycle accident case. Collision cases feature many moving parts, and obtaining compensation isn’t easy if you don’t know the law. Therefore, hiring a motorcycle accident attorney is one of the best decisions you make for yourself and the success of your case.
A motorcycle accident lawyer can handle your claim promptly and properly. Having an attorney on your side eliminates certain stresses, such as the worry of the insurance company trying to take advantage of you or settling for less than your case is worth.
Hiring a seasoned San Jose personal injury attorney can have a positive impact on your case and give you immense peace of mind as you navigate through a trying time. Following a motorcycle crash, do not hesitate to seek legal guidance for your case.