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What Motorcycle Accident Lawsuits Can You File?

The high price of gas and traditional automobiles combined with growing urban traffic congestion has prompted many commuters to switch to motorcycles. While motorbikes are certainly cost-effective, space-saving, and consume smaller amounts of gas, they come with the greater risk of a motorcycle accident and accompanying injuries.

The data speaks for itself. Injury statistics published via the NHTSA or National Highway Traffic Safety Administration have revealed that the chances of getting into a motorcycle collision are much higher than a car, truck, van, or SUV. Specifically, the likelihood of being injured while riding a motorbike is eight times higher than a standard automobile, while the chances of suffering a fatality are thirty-seven times higher.

Motorcycles are dangerous to operate for three primary reasons. First, unlike cars, trucks, sport utility vehicles, and vans, they only use two wheels rather than four, which make them more difficult to balance. Having only two wheels also means that they are easier to flip over. The second reason is that the rider sits on top of the motorcycle rather than inside it, like a car. This means that it is much easier for them to be thrown off and there are no seatbelts or airbags. Third, motorcycles are light in weight and the limbs of those operating them will be exposed. Thus, injuries sustained in motorcycle accidents may include:

  • Broken bones or fractures
  • Skin abrasion
  • Severe brain injury
  • Damage to soft tissue
  • Paralysis
  • Spinal cord damage

Defense lawyers will often try to place the blame solely on the motorcycle operator because motorbikes, unfortunately, have a bad reputation. They are often associated with motorcycle gangs, rebels, and reckless adrenaline junkies who maneuver through traffic at a high rate of speed while paying little or no attention to traffic laws. Unless you hire an experienced attorney who specializes in motorcycle accidents, you can easily lose your case, especially if you were the one riding the motorbike!

What Motorcycle Accident Lawsuits are Valid?

To build a strong case, the accident must either involve another driver, where it can be shown that they did not obey the traffic laws, or the accident was the result of a manufacturing defect involving the motorcycle itself. There are also cases where a local government may be held liable if dangerous road conditions were present which they could and should have prevented.

A skilled and experienced lawyer will be able to review your case to determine whether litigation should be pursued. They will look at multiple factors, such as weather and road conditions, the time of day, the location where the collision took place and the type of impact that occurred along with the vehicle that struck you.

Most motorcycle accidents involve collisions with other vehicles, so your lawyer will review the history of the driver that struck you, whether or not they were intoxicated or under the influence of controlled substances at the time, and whether or not they adhered to traffic laws. If the accident took place near an intersection, it may be possible to review traffic cameras.