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Improper Lane Change Motorcycle Accident Lawyer

Improper lane changes can lead to serious circumstances for motorcycle riders. Even in slow-moving traffic, motorcyclists are at a significantly higher risk for severe injuries than any other type of vehicle. Without the same protective barrier as a standard commuter vehicle, motorcycles do very little to protect riders during a collision. If you suffered injuries in an improper lane change motorcycle accident, you may have the opportunity to collect compensation in a personal injury lawsuit.

Determining Fault in an Improper Lane Change Motorcycle Accident

Improper lane changes are hazardous for motorcyclists. The most common cause of an improper lane change is failure to signal, but other examples of unsafe driving habits include:

  • Driving while distracted and slowly changing lanes unintentionally
  • Failing to check all mirrors before changing lanes
  • Driving while intoxicated or under the influence, which dulls your senses and decreases your ability to make responsible choices
  • Making multiple lane changes at once
  • Failing to check the blind spots before making a lane change

Distracted driving can include a variety of activities. For example, talking or texting on a cellphone or taking eyes off the road to look for something in the car are all dangerous. Regardless of the reason for an improper lane change, the driver making the change is almost always at fault if an accident occurs.

Potential Injuries From an Improper Lane Change Motorcycle Accident

The value of your personal injury claim comes from the damages you suffer. A vast amount of damages are the result of injuries incurred. More severe injuries cause more financial damages. Some examples of severe injuries to motorcyclists caused by improper lane changes include:

  • Spinal cord injuries, resulting in temporary or permanent paralysis
  • Back and neck injuries, such as whiplash, herniated discs, or fractured vertebrae
  • Traumatic brain injuries from a mild concussion to life-threatening open and closed injuries
  • Internal bleeding, often occurring in the abdomen and causing severe damage to vital organs
  • Broken or fractured bones, typically appearing all over the body
  • Crushing injuries, sometimes leading to death or amputation

Many of these injuries can result in life-alternating disabilities. Therefore, when considering the damages in a motorcycle accident case, the court accounts for how your injuries affect every aspect of daily life.

Possible Damages You Could Recover

As you discuss the details of your case with a motorcycle accident lawyer, you will learn more about the losses you could potentially recover. Every case has unique circumstances. However, if you suffered injuries and property damage due to someone else’s carelessness, you are likely entitled to compensatory damages, including the tangible, economic losses and the emotional, non-economic losses:

  • Costs associated with necessary medical care: including ambulance services, emergency room visits, hospital stays, follow-up doctor and specialists visits, out-of-pocket medication expenses, cost of essential medical devices, and any continued treatments or therapy
  • Total of lost wages: including missed opportunities for promotion or wage increase and loss of earning ability caused by temporary or permanent disability
  • Cost of property damages: including repair or replacement of your motorcycle and any rider gear
  • Pain and suffering: including mental anguish, emotional distress, and loss of the ability to enjoy your life the way you did before the accident
  • Other out-of-pocket costs: including transportation costs and hired in-home care for services such as housekeeping or childcare

If you lost a loved one in an improper lane change motorcycle accident, you may ask for damages related to a wrongful death case. Examples include funeral expenses, costs associated with burial or cremation, and loss of consortium or companionship. In addition, if your loved one was the primary income source for your home, you may ask for compensation for lost income or benefits. Collecting evidence for damages is often the most time-consuming part of the legal process, but an attorney can help you understand the supporting documentation that you need.

Punitive Damages

In improper lane change motorcycle accidents, defendants are rarely ordered to pay punitive damages. However, the court may see fit to punish the defendant for particularly egregious behavior under certain circumstances. Punitive damages aim to deter a grossly negligent action in the future. For example, suppose the driver that caused your accident or the death of your loved one was driving under the influence of drugs or alcohol. In that case, any attorney may advise you to seek payment of punitive damages. Similarly, if you can prove that the at-fault driver displayed reckless or aggressive driving behavior at the time of the accident, you may also have a chance to collect punitive damages. Again, speak to an experienced motorcycle accident attorney about the likelihood of collecting these damages in your case.

Lane Splitting, Sharing, and Filtering for Motorcyclists

Many states have alternative road rules for motorcyclists, primarily to reduce accidents and congestion. For example, cyclists are allowed to participate in:

  • Lane splitting, also known as white lining, allows a motorcycle rider to move between traffic on the white line where there is no actual lane. Additionally, they may drive at a higher speed.
  • Lane sharing occurs when motorcycles ride together in a single lane. They may pass one another or ride parallel legally.
  • Lane filtering occurs when a motorcyclist weaves between vehicles in slow-moving traffic. 

These tactics also create a safer road environment for motorcyclists by reducing the chances of rear-end accidents. Given the vulnerable nature of motorcycle riding, rear-end accidents, especially in traffic, can result in serious injury or even death.

Reach Out to a Motorcycle Accident Attorney Today

There are many reasons you may consider contacting a motorcycle accident attorney. Every case is unique. Therefore, you likely have questions concerning the details of your case. Fault determination is an essential component of an improper lane change motorcycle accident case that directly affects the amount of compensation you can receive. If you are currently facing the financial fallout of another driver’s carelessness, consider the following benefits of hiring an experienced motorcycle accident attorney:

  • They know what to look for when collecting evidence to support your claim. This is often the most time-consuming part of the legal process.
  • They argue your claim for you so that you can spend your time focusing on healing your injuries.
  • They file all the necessary paperwork to begin and continue your lawsuit. The statute of limitations on personal injury claims is often between two and three years, and if you make mistakes in the paperwork, it could delay your claim. 
  • They can get you through the legal process more quickly because they have experience. The faster you move through the process, the quicker you get to the compensation you need. 
  • They keep an open line of communication with the insurance company throughout the legal process and can reach a settlement at any time. However, if the insurance company does not accurately value your claim, your attorney can prepare your case for trial. 

Our team of motorcycle accident attorneys at Fielding Law commit their time to obtaining justice for their clients and work tirelessly to get compensation in their hands as quickly as possible. Avoid waiting too long to reach out to an attorney. We offer a risk-free case evaluation, and you can rest easy knowing that if we accept your case, it is because we have faith that we can secure compensation for you. Contact Fielding Law today for a free consultation. You deserve competent and compassionate legal representation.

Sources:

https://www.thefitchlawfirm.com/areas-we-serve/columbus-oh/motorcycle-accident-lawyer/unsafe-lane-change/

https://www.injurylawyers.com/blog/what-states-is-lane-splitting-legal-in-the-us/

https://www.rhinolawyers.com/the-major-benefits-of-hiring-a-motorcycle-accident-lawyer/