After a motorcycle accident, recovering reimbursement for losses may be a difficult process, since insurance companies may try to skirt coverage laws and refuse personal injury payments on the at-fault party’s behalf. Knowing your legal alternatives can help injury victims obtain the recompense they deserve. On the road, motorcycle riders occupy a unique position. In the case of an accident, for example, the lack of any meaningful protective barriers between a motorbike and the road, as well as the difficulties that other vehicles may have expecting and spotting a motorcycle, leave riders vulnerable to catastrophic harm.
Unique Problems Motorcyclists face
Motorcycles create smaller visual targets that are more easily covered by other vehicles, as well as road and weather conditions. This is especially problematic at junctions, where over 70% of motorcycle-vehicle incidents occur
Road Hazards: What may seem like a little annoyance to a car driver might be a serious hazard to a motorbike rider. Sinkholes, oil slicks, puddles, garbage, or other items on the road, ruts, irregular pavement, and railroad lines are all examples of these.
Accidents caused by speed “wobble”: At faster speed, the whole front of a motorbike can become unstable and shake or “wobble.” This issue might be caused by a misalignment of the motorcycle’s front and rear tires. Under a product liability principle, if a high-speed wobble causes an accident, the motorbike manufacturer might be held financially liable for any injuries that ensue.
Riding Skills and Experience: Riding a motorbike takes a lot more skill and coordination than driving a car. Several motorcycle incidents are caused in part or entirely by a rider’s lack of fundamental riding skills or a failure to recognize the motorbike’s inherent operating features and limits.
Who is at fault?
The legal notion of “negligence” governs liability in most motorbike accidents. When a person acts thoughtlessly or recklessly and injures another person, he or she is considered negligent. A driver must use caution to prevent hurting other drivers, passengers, or pedestrians—basically, anybody on the road. If a motorist fails to exercise reasonable caution and harm somebody as a result, the driver is at fault for the accident victim’s injuries.
Proving Negligence
Any negligence claim is divided into four parts. The plaintiff in the case,(the individual who is filing for compensation) needs to show that:
The accused (the person being sued) is obligated by law to exercise reasonable caution. This is a given in automobile and motorbike accident situations.
- The defendant was irresponsible.
- The plaintiff was harmed due to the defendant’s actions.
- The plaintiff was hurt or lost something. Even though the defendant acted carelessly, if the motorcyclist was not injured or cannot establish damages, he or she will be unable to collect anything.
Whether you or a close one has been hurt in a motorbike accident, get medical attention right once. Then, you might want to talk to a vehicle accident lawyer at Autrey Law Firm about your situation so that you can figure out what your next actions should be.
