Top Motorcycle Accidents That Demand a Personal Injury Attorney
An accident on your motorcycle can be a serious inconvenience. At the least, your bike gets totaled and you are temporarily left without your prized mode of transportation. At worst, you could suffer life-threatening or fatal injuries.
In the immediate aftermath of an accident that did not happen because of your actions, your first reaction would be to focus on who or what was responsible. It's less complicated if it were a car that struck you, more so if it were a mechanical part that failed.
There are motorcycle accidents that require the help of an attorney who has experience in personal injury litigation. Here are some that you should become familiar with.
Car vs. Your Bike
An accident in which a car hits you on your motorcycle almost certainly demands a meeting with a personal injury attorney. Motorcyclists are particularly vulnerable on the roads because they are less visible to drivers. Statistics show that 42 percent of accidents involving a car and motorcycle occur in a collision when cars are turning left at an intersection.
A crash involving a car can be devastating. Besides a damaged bike that has to be fixed or replaced, you may face thousands of dollars in medical bills for treatment of your injuries. There is also the loss of wages from being out of work during your recovery. You'll want compensation for your losses from the driver responsible.
You'd have to prove negligence on the part of the driver in pursuing a personal injury claim. Your attorney would have to prove that you were operating your motorcycle in a reasonably safe manner and following the rules of the road; that the driver did not exercise caution; and, that the driver's conduct was responsible for the crash.
Defects in Your Ride
A motorcycle that is driven off the sales lot is expected to be in safe operating condition. It is the responsibility of the manufacturer for the motorcycle to meet federal safety standards and minimum performance standards for parts and components.
Parts do fail from repeated usage and wear and tear, but some fail due to a design flaw, manufacturing problem, or mislabeling. These defects are subject to federally required recall notices. If you have an accident due to a defective part that failed, you'll want to call a lawyer.
Defective parts are covered under product liability law, which assigns responsibility for defective products. In most cases the manufacturer is liable for placing a defective product in the consumer's hands. As long as you have evidence that the defective part caused the accident and your injuries, you'll have a claim.
One more area to consider is whether poor road conditions or maintenance contributed to your motorcycle accident. Some of the most common causes are debris on the road, a lack of dividers or guardrails, sand or loose gravel, potholes and other pavement defects, and turn lanes without visible signs or markings. Most roads are maintained by state or local agencies, although private contractors may have a share of the responsibility of maintenance. In any case, the state or the contractor may be deemed liable if their failure to maintain the public road is a direct cause of your accident.
You'll want an experienced personal injury attorney to handle your personal injury claim following an accident. George Stein Steelhorse Law can assist you with your legal options following a motorcycle crash. Call 770-961-1700 today for a consultation.