For many motorcycle enthusiasts, nothing quite matches that feeling of excitement and freedom that comes from a ride on a scenic road. With nothing but a thin layer of clothing between you and the road beneath your wheels, however, an accident can quickly turn into your worst nightmare. The exposure that you face when riding a motorcycle can leave you with devastating injuries that can take weeks, or even months, to heal. In some cases, you may never fully recover from the injuries that were sustained in a motorcycle accident.
If you’re suffering the devastating aftermath of a motorcycle accident, you don’t need to be told how your accident can affect you. You already know firsthand the havoc that a motorcycle crash can wreak on your life. It’s important to know, however, that you don’t have to face your battle alone. The team of personal injury lawyers at Fielding Law are dedicated to providing victims of motorcycle accidents the legal representation they need to obtain the financial compensation they deserve. While no amount of money can take away the physical and emotional pain that you may be suffering following your accident, a successful personal injury claim can alleviate some of the financial burden that your accident has caused.
Like any accident, the possible causes of a motorcycle accident are nearly endless, but certain conditions make a biker more prone to an accident. As such, it’s important for motorcyclists to be on high alert for any sign of the most common causes of motorcycle accidents.
Vehicles making left turns. When a car makes a left turn without watching for motorcyclists, the biker is at risk of being hit. Left turn collisions often occur when the driver overestimates the distance between the car and the motorcycle, turning in front of the motorcycle too late for the rider to stop.
Sudden stops. Sometimes, a motorcyclist may have to brake quickly in order to avoid hitting an object or another vehicle. Unfortunately, when a biker slams on his or her brakes, the vehicle behind the biker may not react as quickly. This can result in a biker being rear-ended by a vehicle.
Improper lane changes. As a motorcycle is much smaller than a car, it is more likely to be hidden in a driver’s blind spot. When a person changes lanes too quickly without checking their blind spot, the car can collide with the biker from the side, making the motorcyclist lose his or her balance.
Road hazards. For a driver who is in a car, a pothole can be a jolting inconvenience. For a biker, however, a pothole can cause the rider to lose control of their motorcycle.
For legal purposes, negligence is defined as a failure to exercise the appropriate standard of care that a reasonable person would exercise under similar circumstances. In other words, when a person acts in a careless way and their actions cause injury to another individual, the person can be said to have acted negligently.
In most personal injury cases involving motorcycle accidents, a successful outcome will hinge upon a finding that the at-fault party was negligent. The theory of negligence has four elements, all of which must be proven in order for a motorcycle accident claim to be successful.
Duty. The first step in determining whether an at-fault party acted negligently is establishing that the person maintained a duty to the motorcyclist. Drivers, for example, maintain a duty of care to others that share the road. This means that a driver owes a responsibility to other users of the road, to operate his or her vehicle in a safe manner in order to avoid needlessly injuring others.
Breach. Once you’ve been injured in a motorcycle accident, it’s not enough that your attorney can prove that the at-fault driver owed a duty of care to you; it must be proven that the driver breached that duty. Examples of a driver’s breach of his or her duty to others on the road include driving over the speed limit or breaking another law while driving.
Causation. After your attorney has proven that the at-fault party breached a duty of care to you, he or she must then prove that the breach was the cause of your accident. If your crash was wholly unrelated to the driver’s breach, you may not be able to prove negligence.
Damages. Unfortunately, the final element of negligence is also the easiest to prove; in claims involving motorcycle accidents, the victim’s damages are the injuries that were suffered in the crash.
The repercussions of a motorcycle accident are far-reaching, in addition to a person’s physical injuries a motorcycle accident can also financially devastate a person. While no amount of money can take away the suffering that you faced as a result of your injury, a successful personal injury claim can provide you with the financial compensation you need to begin to rebuild your life. Compensation is considered for:
If you’ve been involved in a motorcycle accident, you know that not all the losses you suffer can be easily assigned a monetary value. Although it’s impossible to calculate the toll that a motorcycle accident can take on a victim, a personal injury claim nevertheless compensates a person for the non-economic damages suffered, such as:
Sometimes, a motorcyclist is involved in an accident due to actions by the at-fault party that are so shocking that the forms of compensation listed above aren’t sufficient. In rare cases, special “punitive damages” may be awarded to the victim. These damages aren’t meant to compensate the victim for losses, but rather to punish the at-fault party, and to serve as an example to those who might engage in similar actions in the future.
If you’re facing the aftermath of a motorcycle accident that was caused by another person’s carelessness, pursuing a personal injury claim may be the last thing on your mind. It’s important though not to wait too long to speak to an attorney after your accident since there are laws that place time limits on the amount of time a person has to file a personal injury claim.
At Fielding Law, our team of motorcycle accident attorneys are committed to helping victims of motorcycle accidents obtain the justice they deserve for the accident they never should have been a part of. We pursue your claim with full force so that you have the best possible chances of a successful outcome. With a Fielding Law attorney on your side, you can rest assured knowing that your case is being handled with competence and compassion. Don’t wait until it is too late to obtain the legal help you deserve—to speak with a member of our legal team today, fill out an online case evaluation form or call (877) 880-4090 today. With our free consultations, you have nothing to lose—contact us today.