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 A motorcycle requires
more skill and coordination to operate than a car. All operators
should acquire the skills necessary for safe operation, including in
part knowledge of basic riding skills, appreciation the
inherent operating characteristics, knowing the limitations of the
motorcycle, using special precautions while riding, using defensive
driving techniques, acquiring braking, and cornering skills,
following speed limit, not drinking, using eye protection, helmets
and clothing to increase riding comfort and to reduce the severity of
injury should they become involved in a crash.
Regretfully, motorcycle fatalities represent approximately
five percent of all highway fatalities each year. One of the main
reasons motorcyclists are killed in crashes is because the motorcycle
itself provides virtually no protection in a crash. For example,
approximately 80 percent of reported motorcycle crashes result in
injury or death; a comparable figure for automobiles is about 20
percent. An automobile has more weight and bulk than a motorcycle. It has door
beams and a roof to provide some measure of protection from impact or
rollover. It has cushioning and airbags to soften impact and safety
belts to hold passengers in their seats. It has windshield washers
and wipers to assist visibility in the rain and snow. An automobile
has more stability because it is on four wheels, and because of its
size, it is easier to see.
The following are a few
important legal, factual and evidentiary issues that should be
considered when evaluating a motorcycle claim.
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What
were the specific circumstances of the accident?
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Were
their any independent witnesses?
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What
was the nature and extent of vehicle damage and injuries?
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Was
the motorcycle a proper fit for the motorcyclist?
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Were
all controls and equipment operating properly?
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Was
the motorcycle a “trail” or “highway” bike?
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Did
all safety equipment and clothing, including the helmet and eye
protection, perform as expected?
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Did
the helmet have a U.S. Department of Transportation label?
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Did
goggles, glasses with plastic or safety lenses, or a helmet equipped
with a face shield protect the motorcyclist eyes and allow them to
properly see?
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Did
the motorcyclist receive any injuries because clothing materials did
not perform properly?
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Did
the accident occur at an intersection?
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Did
any vehicle make an unexpected turn or pull out from a side street?
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Was
visibility obscured because of a visual obstruction in a right of
way?
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Did
the accident involve a quick stop and at in a rear-end crash?
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Did
the accident occur during a lane change?
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Did
road surface hazard such as potholes, other objects on the roadway,
or uneven pavement cause the accident?
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Was
the motorcycle in a possible blind spot or “No Zone”?
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Was
safe speed being observed consistent with driving conditions?
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Was
tailgating involved?
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Was
all equipment operating proper?
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Were
lights, turn signals, tires, brakes, fuel and oil levels, mirrors,
and control cables operational?
If
you, a friend, or loved one are the victim of a motorcycle accident,
you should take immediate steps to protect their interest. Do not
compromise your rights by making statements to the press, insurance
investigators, potential defendants, their representatives, or by
signing any documents. After calling law enforcement authorities,
obtain needed medical attention, call us immediately. We are here to
help. At Larry King, P.C., we recognize the unique issues pertaining
to accidents. You can call us at (757) 595-8100 seven days a week, 24 hours a day,
everyday of the year. We also offer a free legal-infoline service,
and you can now contact us on this web site by using our Personal
Injury Contact form. We are committed to doing the extra things it
takes to help our clients. If you would like to know more, make a
selection from the above box.
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