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Home » Application of Personal Injury Law in Motorcycle Accidents
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Application of Personal Injury Law in Motorcycle Accidents

businessnewsBy businessnewsFebruary 1, 2022No Comments4 Mins Read
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Motorcycle accidents are generally fewer than auto accidents. However, motorcycle accidents result have are more severe than car accidents. Over 88,000 motorcycle accidents happen annually across the U.S.A, more than 1% of the total registered motorcycles in America. Motorcycle accidents touch on different types of law, including personal injury, defective products, and many others.

The federal government recommended all states adopt helmet laws as a prerequisite for highway safety funding in 1967, and almost all states had complied by 1975, excluding three states. Adopting helmet laws in such a short time shows that motorcycle accidents are a big problem in the U.S and globally. Most motorcycle accident casualties seek justice through experienced legal experts, such as a Bakersfield motorcycle personal injury lawyer.

Can Motorcycle Passengers file an Accident Claim?

Most people erroneously think motorcycle riders are the only ones entitled to damages in the event of an accident. However, anyone can file a claim and recover damages for their injuries and damaged property.

Supposing the rider was at-fault, their passengers can file a claim with the rider’s insurance company, but if a third party was at fault, the passenger should file a claim with the third party’s insurance company. In simple language, negligence can’t be used as a defense against passenger claims.

Statute of Limitations in Motorcycle Accidents

The statute of limitations in most jurisdictions is between 2 to 3 years from when an accident happened. Victims of motorcycle accidents must initiate personal injury actions within that time frame; otherwise, lawsuits filed after the allowable time limit are considered time-barred. That’s why you should contact a motorcycle personal injury lawyer immediately after an accident to advise you accordingly.

10 Motorcycle Facts every Rider should be Aware of

The following are some motorcycle facts every motorcyclist should be aware of:

  1. 75% of motorcycle accidents are collisions with automobiles.
  2. Only 25% of motorcycle collisions do not involve a second party, and they are either fall accidents or collisions with fixed objects on roads.
  3. 3% or less of motorcycle accidents are attributed to car mechanical problems, mainly losing control of a vehicle due to a tire burst.
  4. Motorcyclists are to blame for 2/3 of accidents involving a car.
  5. Bad roads are blamed for 0.2 of the accidents while animals cause 0.1 of motorcycle crashes.
  6. 2/3 of accidents involving multiple cars and a motorcycle occur when car drivers infringe on a motorcyclist’s right of way.
  7. Poor visibility for motorists is a common cause of motorcycle accidents.
  8. Most motorcycle accidents are never deliberate, although they sometimes result from road rage.
  9. Motorcycle accidents occur in intersections and junctions due to violating traffic rules.
  10. Motorcycle accident statistics are exaggerated or overrepresented in most jurisdictions.

Motorcycle Safety

Motorcycles have become popular in the U.S in the recent past since they’re multi-functional, unlike cars. You can use them for exercising, for transportation, and much more. However, riding a motorcycle without observing the appropriate safety guidelines and precautions can be catastrophic. The following motorcycle safety tips can help riders avoid accidents, considering earlier statistics.

  1. Riders should Enrol in Road Safety Courses

A road safety course can equip riders with the necessary skills for road safety besides knowing how to handle unexpected situations, such as accidents. Motorcyclists are more prone to injuries than motorists, and a safety course can help reduce motorcycle accidents and injuries.

  1. Considering the Weather

Motorcycle riding is undoubtedly dependent on weather. Rain and snow can limit your riding since the road will be slippery when it rains or snows, hampering riding. Besides, visibility will be low, not forgetting that moisture reduces traction, meaning controlling the bike will be difficult. If it’s rainy or snowy, consider alternative means of commuting; your safety is more important than anything else.

  1. Wearing Motorcycle Safety Gear

Safety gear is meant to mitigate risks of accidents besides preventing severe injuries in the event of an accident. Motorcycle safety gear can include:

  • Approved helmets.
  • A reflector jacket.
  • A leather suit.
  • Non-slip gloves.
  1. Regular Motorcycle Inspection

The standard advice to riders is to inspect their motorcycles every day, preferably before setting out for the day. The crucial areas of inspection include:

  • The headlights and taillights.
  • The Indicators.
  • The braking system.
  • Leakages (for oil, water, fuel, or any other essential liquid)
  1. Obeying Traffic Rules

Traffic rules violation is a risk factor for motorcycle accidents, many of which can be avoided with road discipline and courtesy. Over speeding and running red lights are common causes of motorcycle accidents, but people never learn. Exceeding the legal speed and disobeying traffic signs are predisposing factors for motorcycle accidents and are considered criminal offenses in some states.

Motorcycle safety should start with riders before thinking of the other road users, although you shouldn’t hesitate to involve a personal injury lawyer if you’re struggling with motorcycle accident injuries.

Application of Personal Injury Law in Motorcycle Accidents Motorcycle Safety
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