A motorcycle accident can be one of the most devastating events in a person’s life. Not only can it drastically change the course of one’s life, but it could be a life-ending event. But, motorcycles aren’t going away – they are a mode of transportation that has no equal. They give a sense of freedom that an enclosed vehicle can’t provide. And they are a great way to see the area you are traveling. But, the sobering facts don’t lie.
Consider the following statistics: Two-thirds of motorcycle accidents are caused by the driver of the other vehicle violating the motorcycle's right of way. Fact number two: Motorcyclists are about 5 times as likely to be injured as a passenger in a car and 26 times more likely to die in a crash than someone riding in a car. In fact, past studies have shown that motorcyclists are about 16 times more likely than others to die, and about 3 times as likely to be injured, than those in a motor vehicle crash.
These are all tough stats to have to deal with, but its reality. So, what are the issues that motorcycle riders face on a daily basis? One is visual recognition. The fact that motorcycles are small visual targets means they can “hide” from other vehicles. What about motorcycle riding skills?
Operating a motorcycle takes much greater physical coordination skills than a car. Many motorcycle accidents are caused by the operator’s lack of basic riding skills. They can also be affected by road and weather conditions. These things happen especially at intersections, where approximately 70 percent of motorcycle-vehicle collisions take place. Another thing that cyclists deal with more than passenger cars or trucks are simple road hazards including potholes, oil slicks, uneven pavement, puddles, debris, ruts, and railroad tracks. Most of the time, cars handle these hazards easily, but it’s much different for motorcycles.
And then there are speed "wobble" accidents. This happens when the front end of a motorcycle gets unsteady and begins to shake or wobble at high speeds. This could be due to a misalignment problem and the manufacturer could be held responsible for any resulting injuries.
Let’s start with the facts: A motorcycle is lightweight, has no roof, door, safety belts or airbags. A motorcycle is less stable than a car because it only has two wheels. But a defect in a motorcycle's design or manufacture should always be considered as a potential cause of an accident. You never know what could be going on with the motorcycle. In cases where the motorcycle was the only vehicle involved, there may be more of a chance of design flaw.
There are certain things that you should do if you have been injured in a motorcycle accident:
Maryland is a “contributing negligence” state. Therefore, if it is determined that a negligent party caused an accident and you did not contribute to the happening at said accident, you may recover.
If a negligent person causes an accident while working for someone else, his or her employer may also be legally responsible for the accident.
Getting an attorney is one of best things you can do to protect yourself in any situation. Although it does take an investment on the part of the injured, it can really be seen as an investment in your freedom, time, or money in the long term. The most important step if you’ve been injured in a motorcycle accident is to meet with a reputable attorney. You’ll need to discuss whether you were compliant with traffic laws, had medical treatment issues, and who may have been at fault. The expertise of an attorney who knows motorcycle and motor vehicle accident liability is critical.
To wrap things up, most people are aware of the risks that motorcycle riders incur when they take to the roads and highways. Because of the nature of motorcycles, they are much more dangerous than cars and trucks. We know that identifying and seeing a motorcycle can be difficult, especially those with large “blind spots”.
Motorcycle riders should know their legal rights if they are involved in a traffic accident. Insurance laws vary by state, so consulting an attorney is always a good idea.
Wearing a helmet while riding a motorcycle can reduce your chances of a crash fatality by 37%. This should be reason enough for all riders to wear a helmet, but the reality is much different. There are still thousands of cyclists out there who are choosing to risk a ticket and their life by not wearing one. But the facts don’t lie. Everyone clearly understands that the most important piece of protective equipment a motorcycle rider can wear is a helmet. There’s been plenty of evidence that shows they reduce traumatic head injuries in the event of a traffic accident. In fact, motorcyclists without helmets are three times as likely to suffer a brain injury. That’s serious.
When a motorcycle accident happens, the rider's head often hits the pavement, and many times the rider dies as a result. This is unfortunate, but it’s the truth. It seems that motorcyclists are drawn to riding for more than just the love of it. Many seem to want to make a statement about life – and about going against the grain of established behavior. So, they choose not to wear a helmet. But, they should know the ramifications regardless.
Many states require riders to wear safety helmets and have saved lives because of these laws. In addition, mandatory helmet laws prove to be an effective strategy in increasing helmet use and reducing head injuries. Although the motorcycling community does not like these requirements, the idea of requiring safety helmets to be worn has consistently been upheld as constitutional in the courts.
There’s more to know about helmet requirements. If you happen to be in an accident and are not wearing a helmet, you may be facing an issue that can have legal ramifications. In fact, if you are facing another motorist in your case, and you weren’t wearing a helmet, they may bring up your own negligence. Some important things to consider:
The bottom line is that determining fault and whether motorcycle helmets play a role or not in your particular situation depends on so many factors. The law is complex. There’s a lot to know. The average person out there knows very little. Because of this, it’s important to discuss your case with an experienced personal injury attorney. If you are held to be the negligent party and were not wearing a helmet, it’s even more important
