A motorcycle accident can be one of the most dangerous accidents that you will encounter. A car is much bigger than a motorcycle and when they collide, it’s usually not in favor of the motorcyclist.
If you or someone you love has been injured in an accident with a vehicle. You can contact with an experienced motorcycle accident attorney who can help get your life back on track.
Roadways worldwide are prone to accidents cases. While automobile drivers and any other kind of motorists are a little less prone to accident cases, motorcyclists are certainly more exposed to the risks involved while riding with freedom on their bikes and scooters. These events of motorcycle accidents have been rising over the years with the number of motorcycle accident cases piling up. There have been instances of grave injuries and bruises to the people involved in such accidents. This calls upon having a basic understanding of the legalities and remedies in case one is involved in traffic accident cases.
Understanding Why Legal Rights and Remedies are Important in a Motorcycle Traffic Accident Case
Motorcyclists are more vulnerable to the dangers to road and traffic accidents due to several reasons such as lack of a strong protective shield between the road and the motorcycle, the occasional inability of a motorcyclist to spot and anticipate another motorcycle.
Moreover, there are strong statistics that highlight the fact that motorcyclists are always on the edge of danger.
The chances of dying in a motorcycle accident are 26 times more than in any other automobile. And while the fatalities are gradually decreasing for passenger cars and other automobile vehicles, the instances of fatalities have been on the rise.
Plus, in most of the motorcycle accident cases, the accident is the result of the fault of other motorcycle’s rider. Statistics reveal that in about two-thirds of motorcycle accident events that involve another motorcycle or vehicle, the accident is the resultant of the other vehicle’s driver’s negligence in following the road safety rules and overlooking the motorcycle’s right of way.
Thus, with the risks involved, it becomes extremely important for the motorcyclists to understand the need for knowing and protecting the rights of recovery following an accident.
How to Determine the Legal Responsibility for a Motorcycle Accident?
As mentioned above, the majority of motorcycle accident cases involving another vehicle is accounted for the fault of the other vehicle’s rider. The other vehicle’s rider may be lacking basic riding skills due to his/ her inexperience or unfamiliarity or the accident may happen due to any other reason such as obscurement at intersections or a road hazard like potholes, debris, etc., or due to any kind of negligence.
In such cases of motor vehicle accidents, the motorcycle accident claims are mostly governed by the legalities of negligence. If the rider is partially responsible for the accident, there are thin chances of recovering damages under the stated negligence rules. In case of comparative negligence, the calculation of amount for damages is dependent on each party’s fault.
Defects in the design or manufacturing of the motorcycle can also be the cause of the accident.
Deviation from the planned design while assembling the motorcycle which made the motor vehicle dangerous is a manufacturing defect. While on the other hand, a design defect is an instance wherein the company designed the vehicle in a way that it could possibly result in an injury or accident.
The manufactures of the motorcycle can be held responsible for such events of accidents. For example, the shaking of the front part of the motorbike may shake at higher speeds is due to the front and rear tyres of a motorcycle being misaligned. Events of accidents in such cases hold the manufacturer responsible for the mishappening under the product liability terms.