Motorcycle drivers face numerous dangers when on the road, and they are more likely to collide with other vehicles and receive severe injury or lose their lives in the process. Unfortunately, many of these accidents are due to the negligence of the driver. motorcycle accident phoenix
These negligent acts may be from the operator of a commercial or passenger vehicle or from the biker himself or herself. Many other factors assist in determining who is at fault and what caused the collision, and these issues should be considered and applied when a case is deliberated upon. It is imperative to hire a lawyer to assist in discovering and applying the concept of negligence in a court case.
Various conditions of the road, vehicle and other drivers play a role that is important in accidents when involving motorcycles. It is vital to include these factors, or the correct party may not be held responsible. A clear picture of what occurred during and after the incident should be fully revealed. When investigated, one of the top reasons a collision occurs with bikers has been discovered to be the errors made by the driver. Even though grievous wounds are sustained in the situation, it is the person operating the motorcycle that causes the problem initially. Some of these mistakes may be a misjudgment of what other drivers are doing or will do.
Other Vehicles and Motorcycle Drivers
Because motorcycle accidents involve another type of vehicle in usual circumstances, these types of incidents are considered unique. The passenger car driver that is often involved does not often know that a motorcycle is even present when the collision or accident occurs. Those operating a motorcycle must be ever aware of dangers on the road and even when cars are parked due to the quick opening of doors that may lead to an incident. The unpredictable nature of those traveling and driving passenger or commercial vehicles may cause a biker to end up in the hospital. Because of this, it is important to determine who is liable.
Long-Term Consequences of Motorcycle Accidents
Head, neck and spine injuries are common when a motorcycle driver collides with other vehicles or objects. He or she is often thrown from the bike and slams into something else. These actions tend to lead to significant damage to these affected areas where long-term care may be necessary. Multiple treatments and procedures are frequently included with these incidents. Temporary or permanent disability is usually a consequence of accidents with motorcycle riders.
Compensation may not be possible if the biker is responsible even if only partly for the accident. This means all additional costs that are not covered by health and auto insurance may be out of the hands of the driver. The loss of work when in recovery could be a crucial blow for these individuals. It is always best to seek legal counsel in these circumstances to know how to proceed and what may be mitigated with financial problems.
Motorcycle Accidents and Liability
When determining liability, the most important concept is often the concept of the law of negligence as applied to the accident. The person that acted in a careless or thoughtless manner which led to injuries is considered the negligent party. This is because care and caution should be implemented when driving around others to avoid the possibility of injury or death. Without reasonable care taken, the driver may be liable for damages or paying his or her own medical bills. While the other driver that is not injured is often the negligent party, this is not always the case. If the biker swerved into traffic or in front of a car and a collision occurs, the motorcycle driver may be responsible and be responsible for any damages.
Motorcycle Accident Case Defenses and Legal Assistance
When the motorcyclist is the at-fault driver, damage to the case may be mitigated through proving the other driver involved was at least partially responsible for the accident. Using this type of defense may reduce the recovered costs, but it may also provide at least a portion of compensation to the biker. Other defenses that may be in use that include defects of parts or vehicles, intentional acts of passenger vehicles and similar circumstances.
Because the complex issues of multiple types of vehicles and laws involved in a motorcycle case, it is essential to hire a lawyer to assist in recovering all possible compensation. Legal representation may also protect the rights of the biker so he or she is not responsible for paying out for injuries to others when he or she is recovering due to injuries as well. If you’ve been involved in a motorcycle accident contact the law offices of Negrete Law Firm at 602-495-1005.