Motorcycle accident lawsuits are governed by the same personal injury law as accidents involving other vehicles. Some special considerations, however, can occur in lawsuit relating to motorcycle crashes. All motorcycle riders need to be aware of these special factors in case they are ever involved in a personal injury case due to a crash. This article examines some of the main points to keep in mind.
Some states have mandated that motorcycle riders wear helmets to reduce the chance of injury if a crash occurs. Helmet laws are not only a safety issue, however, they can also become a factor in civil suits. For example, if your state has a mandatory helmet requirement and you are injured while not wearing one, the amount of compensation you can receive might be limited. Alternatively, some jurisdictions leave the issue up to the court, while in other areas, the issue of whether a rider wore a helmet is not admissible at trial. You'll want to look at your state's rules and talk with a lawyer, like Speers Reuland & Cibulskis, P.C. to see what rules apply to your situation.
Poor road conditions are much more likely to lead to a motorcycle crash than other vehicles. For instance, while a pothole is little more than a minor bump for most cars, it can be a dangerous hazard for a motorcycle. Other common road issues for motorbike riders are sewer grates with bars parallel to the street and abandoned railroad tracks. Both of these hazards have the potential to cause a motorcycle crash.
Whether or not you have a winnable lawsuit against a governmental agency for not keeping the roads free of hazard generally depends on whether the agency was guilty of negligence. For example, if the agency had warning signs that the rider ignored, negligence might be hard to prove. On the other hand, if the agency knew about the problem but did not place warning signs or attempt to resolve the issue, the injured party might have a strong case.
Some motorcycle accidents involve a maneuver called lane splitting. This occurs when you drive on lane lines and weave in and out of stopped or slower-moving cars in order to continue down the street, rather than waiting behind traffic. If you have a crash while lane splitting, you increase the chances that you will be held at least partially responsible for the accident.
A variety of special factors could play an important role in any personal injury lawsuit involving a motorcycle crash. To learn more about this area of the law, consult with an experienced motorcycle accident lawyer.Share