Personal Injury Type -  Motorcycles

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.

  • What were the specific circumstances of the accident?

  • Were their any independent witnesses?

  • What was the nature and extent of vehicle damage and injuries?

  • Was the motorcycle a proper fit for the motorcyclist?

  • Were all controls and equipment operating properly?

  • Was the motorcycle a “trail” or “highway” bike?

  • Did all safety equipment and clothing, including the helmet and eye protection, perform as expected?

  • Did the helmet have a U.S. Department of Transportation label?

  • 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?

  • Did the motorcyclist receive any injuries because clothing materials did not perform properly?

  • Did the accident occur at an intersection?

  • Did any vehicle make an unexpected turn or pull out from a side street?

  • Was visibility obscured because of a visual obstruction in a right of way?

  • Did the accident involve a quick stop and at in a rear-end crash?

  • Did the accident occur during a lane change?

  • Did road surface hazard such as potholes, other objects on the roadway, or uneven pavement cause the accident?

  • Was the motorcycle in a possible blind spot or “No Zone”?

  • Was safe speed being observed consistent with driving conditions?

  • Was tailgating involved?

  • Was all equipment operating proper?

  • 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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