Motorcycle accidents liability is determined much differently from that of trucks and other automobiles. This owes to several factors that make riding a motorcycle different from driving an automobile. Firstly, a motorcyclist is much exposed than automobile drivers and may thus suffer more injuries in the event of an accident. Motorcycles are also smaller, maneuver faster, and are less stable than automobiles. Here is dossier on how motorcycle liability is determined and what to do if involved in an accident.
Driver or Motorcyclist Negligence
The most straightforward factor in the event of an accident is how the parties involved acted before the incident. It is a requirement that drivers do anything in their capacity to avoid harming any other road user. This boils down to the aspect of commission and omission on both parties. Whoever found to have acted, or not acted in a manner to prevent the accident, is held liable.
A considerable number of motorcycle accidents occur due to faults in the manufacturing of the bike. Manufacturing faults fall into two categories. First, a component or part of the motorcycle may become unsafe for use between the time of manufacturing and the time of purchase. The second scenario is when manufacturers do not pay attention to how the motorcycle will be used. A good example is a case of a motorcycle becoming unstable at high speeds. In either case, you can make a product liability claim against the seller or manufacturer.
Riding a motorcycle requires more skill than driving a car. Motorcycles are lighter and accelerate fast which may take motorists by surprise. If any slight wobble occurs at high speeds, inexperienced cyclists find it difficult to control the machine and end up in an accident. Other accident risk factors include less visibility to cars and susceptibility to potholes, debris, and blown tires.
Preventing Motorcycle Accidents
The prevention of motorcycle accidents starts by observing traffic rules. Stay within stipulated speed limits and only overtake when it is safe. Ensure you are visible to other motorists by wearing reflective clothing and using lights appropriately. Even if it is not a requirement by the state, wear a helmet to reduce the impact of an accident. Despite all this, you cannot control how other motorists behave. In any case, insurers are good at shifting the blame.
How we Can Help
It can be frustrating to lose a liability case after doing everything possible to avoid an accident. From the type of arguments we face, the chances of winning a motorcycle accidents liability claim are very low without the involvement of a good motorcycle lawyer. Our experience in the industry gives us an upper hand in most liability cases. We understand all the witty battles that may occur and do everything in defense of our clients.
Necessary Actions to Take
Documentation can act in your defense as well as a good lawyer like https://personalinjurynewyorkcity.com/information-center/motorcycle-accidents/ in the unwelcome event of an accident. Once you get the initial medical attention, document as many details of the event as possible. Note down the time of the incidence, relevant road conditions, possible witnesses, and weather conditions. Involving us in this step can help capture important details for your defense, including taking professional photos of the scene.