Motorcycle accident claims present many challenges that are not usually seen in car accident claims. Motorcycle accidents are often single vehicle crashes or hit-and-run accidents. Lack of reliable witnesses, severe injuries, and prejudice against bikers are common elements in motorcycle accident cases. For these reasons, if you are involved in a motorcycle accident, it is essential to retain an experienced motorcycle accident attorney.
About two-thirds of motorcycle accidents involving another motor vehicle are caused by a negligent driver who violates the motorcyclist’s right of way. The driver who makes a left-hand turn into the path of an oncoming motorcycle is a common occurrence. Negligent drivers often say that they did not see the motorcycle.
One of the challenges of a motorcycle accident claim is convincing the jury that you deserve the same compensation for your injuries as you would had you been injured in a car instead of on a bike. Even after explaining the law and proving that the driver was negligent, you may still face jury members who believe that anyone who rides a motorcycle is “asking for it”. Rest assured that the defendant’s lawyers will try to take advantage of or even create this mindset.
Some roadway defects that have little effect on four-wheeled vehicles can easily cause a motorcycle to go out of control and crash, while others are a hazard to everyone on the road. There are roadway defects that cause injuries to be worse in the event of a crash, without causing the accident, including lack of break-away mechanisms on signs and poles.
Defective Motorcycle or Helmet
A defective motorcycle or part can very easily result in a crash. There are some common motorcycle defects including front-end wobble which lead to accidents, as well as other types of defects which can cause injuries to be worse in the event of an accident. Fuel system defects can lead to fuel-fed fire when an accident occurs, resulting in severe burns which would not have otherwise occurred in the accident.
A defective helmet can cause brain injury, facial injury, eye injury and vision loss, and spinal cord injury. Most defective helmet injuries are the result of the helmet failing to offer the protection it should from head and brain injuries, but some defects can cause injuries that would not have occurred had you not been wearing a helmet at all. Although it is rare, it is also possible for a helmet defect to cause an accident.
Common Motorcycle Accident Injuries
Motorcyclists are far more likely to be seriously injured or killed in an accident than occupants of cars and other vehicles. Common motorcycle accident injuries include:
- Brian injury
- Spinal cord injury
- Severe road rash
- Back injuries
- Facial injuries
- Severe burns
- Broken bones and fractures
- Neck injuries
- Knee injuries
- Soft tissue injuries