Typical Causes of Motorcycle Mishaps

Typical Causes of Motorcycle Mishaps

Motorcycle accidents are becoming too frequent, like other vehicle mishaps. However, due to their higher speeds, motorcycle accidents usually involve more severe injuries. Similarly, motorcycles do not offer the same level of protection as other vehicles. 

Below are the examples of the most typical causes of motorcycle mishaps.

Head-On Collisions

A head-on collision is an auto collision capable of causing severe injuries and vehicle damage. During this accident, the two drivers face each other head-on and near the impact site. It is also known as “frontal clash.” 

This collision often occurs when a motorcyclist goes the wrong way down a highway or one-way road. It also happens when one of the parties of the mishap drives under the influence of drugs or alcohol. 

Head-on collisions are usually severe and can quickly lead to fatalities when they involve motorcycles. You can sue for wrongful death if a head-on collision kills your loved one. 

Lane Splitting

It is a road maneuver type often associated with motorcycles. It entails a motorcyclist riding in between lanes of motor vehicles as a means of beating traffic. The motorcyclist will pass in between slower vehicles. 

If lane splitting causes an accident, the law of the given state will determine fault—does the state permit lane splitting? Every state has a unique law on lane splitting. 

Left Turn Mishaps

Left turn accidents happen when a car attempts to make a left turn and hits another motor vehicle going straight. The driver making the left turn is usually guilty in this context. 

However, the person turning left may have less fault if the motorist going straight was driving dangerously or speeding. You will share the blame because the person you hit contributed to the mishap through dangerous driving. 

DUI and Speeding

Motorcyclists are expected to follow the law by adhering to speed limits and never driving under the influence of toxic substances. This is crucial because speeding increases the chances of fatalities in a motorcycle accident. 

Road Hazards

Motorcycle accidents are likelier when driving on uneven lanes, pothole-filled roads, or objects-laden roads. Other vehicle types can quickly maneuver their way when facing these road hazards. You can hold the city accountable for your harm when such an accident happens. 

However, the success of your claim will depend on the city’s awareness of the hazardous situation and whether it took any steps to curb the danger from recurring. 

Suing the Other Driving in a Motorcycle Accident

A motorcycle accident victim can institute a negligence claim against an at-fault party. You can hold people responsible for their injury-causing negligence. The law considers individuals negligent if they act carelessly in any situation.

“You must satisfy four elements to prove negligence and recover compensation for your harm. However, it is essential to add that even after meeting the four conditions and establishing negligence, the defendant could still mount a reasonable defense which may affect your compensation,” says personal injury lawyer Michael Ponce of Ponce Law Tennessee Car & Truck Accident Injury Attorneys.

The elements to prove are:

Duty: “Duty” entails an individual’s responsibility to another. Everyone owes a duty of “logical or reasonable care” to others. Logical care is the level of care a prudent and ordinary fellow would exhibit in the same context. 

Violation: A violation or breach of duty happens when someone’s care falls below the required standard. The person fails to live up to expectations. 

Causation: The violation of duty must be responsible for your harm. That is, no other factor is responsible for your injury except the defendant’s negligence. The premise for causation in law is “but for” another person’s actions, the harm would not have happened.

Damages: You must have experienced some quantifiable damages due to the accident. For instance, apart from physical harm, the accident might have been directly responsible for your post-traumatic stress disorder (PTSD), missed work, emotional stress, and property damage. 

For emphasis, these four elements must be available in your argument to successfully prove the defendant’s negligence. In other words, you cannot establish negligence if you fail to prove one of the elements. 

Defenses to negligence accusations involving motorcycle mishaps often entail contributory and comparative negligence or risk assumption. Comparative and contributory negligence checks if the injured person is somewhat responsible for their injury. Depending on your state, comparative negligence or contributory negligence may apply. 

Defendants use the assumption of risk to imply that the victim was aware that their action was inherently dangerous and still decided to forge ahead with it. The defendant will escape paying damages if they pull through with this defense. For instance, most logical and prudent persons understand the inherent danger in skiing, so you should be ready to bear the consequences if you still defiantly engage in it. 

Determining Liability in a Motorcycle Mishap

The court often considers several factors to determine liability for a motorcycle accident and resultant harm. The factors include:

• Whether those involved in the mishap followed traffic rules
• The prevailing weather conditions during the incident
• The condition of the vehicles involved in the mishap
• Video footage and photographic proof of the accident
• History of recklessness for the parties involved in the mishap
• Whether the motorcyclist put on protective gears 
• Physical proof, like broken pieces of the vehicle and skid marks at the scene
• Eyewitness testimony (if available)

It is crucial to add that “accident” may differ from “crash” legally. “Accident” or “collision” showcases the involvement of more than a vehicle, while “crash” may signify the involvement of just a vehicle in the incident. 

You can recover damages for motorcycle accidents via insurance claims, especially if it is a lone accident. However, if you collided with another vehicle, you may have had severe injuries. Under such circumstances, you may file a personal injury lawsuit to recover damages for your losses. 

A monetary damages award often covers medical bills, court expenses, lost earnings, loss of future earnings, and lawyer’s fees. 

Final Thoughts

You need to speak with a local motorcycle accident lawyer if you are involved in a motorcycle mishap. Contacting a personal injury attorney will help you understand the best approach to your case and defend your rights. They understand your state laws concerning the issue at hand and will explore it creatively to your benefit. 

The legal representative will bear your legal burdens to help you concentrate on recovery. They can represent you in court when the need arises.