When you think about a motorcycle accident, you may think that the same general rules apply to them as to any other accident. After all, a vehicle is a vehicle. Motorcycles are unique however, in several respects. Everything from how much damage is done, to how likely the driver is to be injured, all have an impact on motorcycle law.
Negligence, and how it impacts your claim
If you were hurt in a motorcycle accident, who was negligent will determine whether or not you can make a claim against others who were involved in the accident. Negligence determines who is at fault during an accident.
Negligence during a motorcycle accident is determined in the same way as a normal accident in some ways. If someone was disobeying traffic laws, these infractions would be taken into account. If the motorcyclist was engaged in risky behavior, such as popping wheelies or engaging in lane splitting, these will also be taken into account.
Laws vary from state to state, and some are specific to motorcycles, such as helmet use. Ask your local motorcycle injury lawyer for the legal lowdown in your neck of the woods.
Your helmet – a potentially important part of your claim
If you were in an accident on your motorcycle, whether or not you were wearing a helmet at the time will be taken into account during a claim. Some states have laws requiring helmets to be worn, but even if they don’t, whether you are wearing a helmet or not can be used to gage your level of responsibility.
This is especially the case if you have a head or neck injury from the accident. Even in states that don’t require you to wear a helmet, you will be hard pressed to prove you would have received the same injury had you not been wearing one.
When the other vehicle never touched you
Even if another vehicle did not make contact with your motorcycle, it is still possible for that person to be responsible for your accident. If a vehicle forced you off the road, or their sudden stop forced you to crash, they may still be liable even though their vehicle never touched yours.
These types of incidents are known as “no contact” accidents. If this is the case for you, it may still be possible to seek damages, especially if the other driver was being reckless at the time of the accident.
Riding a motorcycle is a thrilling experience, but it can also be a dangerous one. Nearly all other vehicles out mass you, and in order to protect yourself you need to use defensive driving techniques, wear a helmet, and be aware of your situation at all times. Motorcycle accidents often result in far more serious injuries than car vs. car wrecks.
No one ever wants to get in an accident, but if you were out enjoying your motorcycle and was injured in a motorcycle accident, you may be able to make a claim and get payment to treat your injuries and help get you back where you belong.
References:
https://www.nolo.com/legal-encyclopedia/motorcycle-accident