Understanding Motorcycle Accident Personal Injury Claims

Understanding your entitlements in the event of a motorcycle accident can be confusing if you’re attempting to navigate the legalities of your case alone.

The most important thing to understand about motorcyclepersonal injury claims is your eligibility for financial compensation. One factor that can affect this is whether you are deemed at fault for the accident.

In several states, such as Florida, motorcyclists must be able to prove that their injuries occurred as a result of the negligence or reckless behavior of another motorist in order to seek recoverable damages.

Under these circumstances, another motorist may be deemed at-fault if they were:

Local and state laws can differ as far as what a motorcyclist must prove to seek accident-related compensation. Depending on where you live, you may be able to seek legal recourse even if you are deemed partially at fault for the accident.

Common types of damages sought and awarded in motorcycle accident cases include:

One of the greatest barriers that drivers of passenger vehicles face in seeking compensation after an accident is restrictions on the types of damages they can pursue. This is because motor vehicle claims typically involve personal injury protection (PIP) insurance, which requires meeting an injury threshold in order to seek recoverable damages.

Motorcyclists, on the other hand, aren’t required to meet any type of injury threshold in order to seek compensation.

List Of Common Causes Of Motorcycle Accidents

Most motorcyclists are aware of the risks they face when riding on the road with other vehicles. Over 40 percent of motorcycle accidents occur as a result of another vehicle turning left while the motorcyclist drives straight.

However, not all risks associated with riding a motorcycle concern other drivers on the road. According to the National Highway Traffic Safety Administration (NHTSA), riding a motorcycle after drinking alcohol is a significant factor in motorcycle accident deaths across the United States.

Alcohol and other drugs can cause mild to severe impairment to a person’s judgment, their perception of surrounding objects, and cause dangerously reckless behavior. Motorcyclists who drink and ride are at serious risk of injuring themselves and others on the road.

Other factors linked to motorcycle accidents and fatalities include:

Much of what constitutes safe driving and vehicle operation is having an awareness of yourself and others on the road. However, accidents can also occur unexpectedly, with little or nothing a person could have done to prevent them.

In these cases, it’s helpful to understand what legal options are available for motorcycle riders and what entitlements they—or close loved ones grieving the loss of a motorcyclist—may have to accident-related compensation.

The five most dangerous highways for motorcyclists in the U.S.

1.      US 1 (Florida): US Route 1 in Florida is often reported as one of the most dangerous highways for all types of vehicular accidents, including motorcycles. The highway’s length, combined with Florida’s high tourist population and the state’s elderly population, contributes to the risk.

2.      I-95 (Multiple States): Interstate 95 runs from Miami, Florida to Houlton, Maine, making it one of the longest highways in the U.S. Its long stretch, high traffic volumes, and varying conditions make it dangerous for motorcyclists.

3.      US 550 (New Mexico): Known as the “Million Dollar Highway,” this route is both scenic and dangerous due to its challenging mountain passes, sharp curves, and steep cliffs, particularly for motorcyclists.

4.      US 83 (Texas): U.S. Highway 83 in Texas is considered one of the riskiest routes for motorcyclists, due to high-speed limits, a significant amount of trucking traffic, and frequent wildlife crossings.

5.      US 2 (Montana): This highway in Montana is often cited as dangerous due to its long, isolated stretches, severe weather conditions, wildlife, and lack of immediate emergency assistance in many areas.

Types Of Injuries Caused In Motorcycle Accidents

Motorcyclists have much less protection than drivers of other motor vehicles when it comes to the types of injuries that can occur in the event of a crash. As vehicles that are lighter and less sturdy than the average car, motorcycles lack the same safety features and leave riders much more vulnerable to road rash and other injuries upon impact.

Riding without a helmet, or neglecting to wear proper clothing while using a motorcycle, puts motorcyclists at an even greater risk for serious injury.

The types of injuries sustained in a motorcycle accident can also vary depending on the nature and seriousness of the incident but may include:

Many of the possible injuries that can occur in a motorcycle accident are severe and may threaten permanent injury, illness, disfigurement, and death.

Wearing protective head, eye, and body gear and maintaining acute awareness while riding are the safest decisions a motorcycle rider can make to protect oneself on the road. Accidents that occur at the fault of another driver, however, are not as easily preventable.

Sustaining injuries from a motorcycle accident can require immediate medical care. The cost of medical transportation, and medical treatment for injuries, can quickly add up and become an enormous source of stress for the average person.

If you or a loved one are a motorcycle accident victim, you may be entitled to financial compensation to recover your damages. This can best be determined through a free case evaluation with an experienced motorcycle accident lawyer.

Similar articles

Tagged