Riding on a motorcycle can place an individual at a greater risk of being in an accident. The smaller size of motorcycles can make them more difficult for other drivers to see. The openness of the vehicle means drivers are not fully protected should a collision occur. When a motorcycle accident occurs, injured individuals often suffer serious and life-changing injuries. Bike operators and passengers, as well as drivers and passengers in other vehicles and pedestrians may all need legal assistance when a motorcycle accident takes place.
Some of the most common causes of motorcycle accidents are:
- Colliding with another vehicle making a left-hand turn
- Head-on collisions with other vehicles
- Road conditions, including potholes, wet or slick driving surfaces, road obstacles, and uneven road surfaces
- Risky driving behavior
- Inexperienced driving
- Malfunctioning motorcycle parts
Determining who is at fault when a motorcycle accident occurs is not always an easy task, requiring the assistance of an experienced legal professional.
Risky Driving Behavior
Drivers who carelessly operate their motorcycles make the roads more dangerous for everyone. Lane splitting or driving between two lanes and unexpectedly passing other vehicles are examples of risky driving behavior. Driving under the influence of drugs or alcohol, racing, failing to wear a helmet, and engaging in sudden stops also heighten the risk of being involved in a motorcycle accident.
Product Liability Issues
When a motorcycle fails to operate properly and an accident occurs, the manufacturers of the defective parts may be legally responsible under the legal theory of product liability. Designers, marketers, distributors, and sellers of malfunctioning motorcycle components will also face liability if their negligence contributed to the resulting injuries. Some of the most common design and manufacturing defects are found in frames that are structurally unsound, stalling engines, leaking fuel tanks, unstable tires, nonfunctioning brakes, and poorly designed handlebars.
Manufacturers have an ongoing duty to notify motorcycle owners of known defects and mandatory safety recalls. Compliance with National Highway Traffic Safety Administration (NHTSA) standards is mandatory. Failure to do so can result in additional liability should an accident take place.
Motorcycle accidents are over 28 times more likely to result in death than motor collisions involving automobiles. Serious and permanent injuries, including broken bones, amputated limbs, organ damage, spinal cord injuries, back injuries, paralysis, internal bleeding, ongoing nerve damage, disfigurement, and traumatic brain injuries, such as concussions, can occur. Minor injuries, such as road rash, sprains, or strains frequently result from these types of accidents.
Compensation for Motorcycle Accident Injuries
Individuals hurt in a motorcycle accident can face years of medical treatment and lost wages. By filing a civil suit against the parties responsible for the injuries, motorcycle accident victims can obtain compensation for their medical expenses, prescription drug costs, physical or occupational therapy fees, and other accident-related expenses. Reimbursement for lost wages and pain and suffering may also be available.
Filing a claim based on negligence requires proof there was duty to exercise reasonable care, the defendant was not careful in their actions, and the result was physical injuries or property damage. The first step is to contact an experienced South Jersey motorcycle accident lawyer who can guide you through the legal process. Each motorcycle accident claim is unique and requires the experience of a lawyer who understands the nuances of the law.
Individuals injured in motorcycle accidents should seek medical assistance immediately. To help preserve any legal claim, those injured can obtain the names and contact information for any witnesses and take pictures of the accident scene. Speak with an experienced accident attorney before signing any forms from an insurance company or admitting fault in any way.
South Jersey Motorcycle Accident Lawyers at the D’Amato Law Firm Represent Individuals Injured in Motorcycle Accidents
If you or a loved one was seriously injured in a motorcycle accident, the experienced South Jersey motorcycle accident lawyers at the D’Amato Law Firm can help you obtain the maximum amount of compensation for your injuries. Conveniently located in Egg Harbor Township, New Jersey, we serve clients throughout South Jersey, including Atlantic City, Linwood, Galloway Township, Cape May, Vineland, Millville, Bridgeton, Ocean City, and Woodbury. To schedule a free initial consultation, call us today at 609-926-3300 or submit an online inquiry form.