In the United States there are approximately 6.5 million motorcycle riders. These include recreational riders on the weekend and those who use the motorcycle for their main means of transportation.
As with any motor vehicle product, they must be designed and manufactured to standards that will provide that the motorcycle will perform in a foreseeable manner when utilized in foreseeable ways even including if maintenance has been negligently performed. Since motorcycles can be used off road as well as on the road there are wide variety of criteria which constitute a foreseeable use for a motorcycle. If a motorcycle part fails causing injury either on the highway or even off the road, the manufacture and seller may be responsible for any injury or death. Careful investigation and evaluation of the causes of the failure are essential. (Please see advice provided in “car accidents” at this website).
However, three fourths of motorcycle accidents involve a collision with another vehicle usually a passenger car. Because motorcycles are not necessarily as big and easily seen, many drivers of automobiles ignore or fail to see them causing collisions.
Also, in many states, a motorcyclist may drive between cars whether the automobiles are stopped or moving on the highway as long as it is safe to do so. This is called Lane splitting. The drivers of the passenger cars must be cautious to make sure motorcyclist is not proceeding between them and to avoid colliding with the motorcyclist.
Additionally, accidents on the highways and roads are not unusual. Sometimes they are due to operator error by taking a curve too fast. However, the roads must be designed and maintained with the anticipation that motorcyclist will use them in a lawful manner. Defect such as potholes, pool surface conditions, blind corners, speed bumps, low curbing, ruts, debris and other hazards can be conditions of the roadway. If a crash occurs because of a defect in the road, the state or municipality may be responsible.
Persons riding motorcycles are especially vulnerable because of the lack of safety features on the motorcycle and, at best, passengers and drivers are at a higher risk for more serious injuries than occupants of a passenger car. Broken bones, head injuries Burns etc. are all common injuries.
In many states, operators and passengers on motorcycles are required to wear helmets, maintain insurance and in some cases wear protective clothing. However it is important to keep in mind that a helmet may prevent a head injury but will not necessarily prevent a brain injury. The facts are that a helmet may reduce the rate of head injuries some 30% and may reduce the risk of suffering a traumatic brain injury equally depending upon who you talk to. The fact is that no helmet will protect you from injury all of the time at all of the speeds at all of the crashes you may have. If you are not wearing a approved helmet at the time of your injury, this will weigh against you regardless of whether the helmet would or would not have protected you for the injury suffered. This is so because of the doctrine of comparative negligence where you must also take responsibility to protect yourself while riding a motorcycle. The jury will have an opportunity to determine what percentage of fault was yours in any crash you may suffer.
An experienced attorney, such as the Franecke Law Group, is familiar with the various criteria and legal analysis necessary to determine if you or your passenger should be compensated by those who were at fault for any injury you have suffered from a motorcycle crash. Call for a free consultation of your motorcycle accident case today 888.457.7040
