Who is Liable in a Motorcycle Accident
Motorcyclists are known for being adventurer seekers, with a love of freedom, nature and the breeze blowing in their face. While few things are more exhilarating then taking your bike out for a ride, what can be an exciting and releasing recreational activity can quickly turn tragic in the event of a crash. Because motorcycles are much smaller (one third the width of a car), often faster, and zip through tiny spaces- it is easy for them to get involved in crashes.
Common motorcycle accidents include: sudden-stop collisions, single bike accidents, open door accidents and accidents with motorists involving aggression or blind spots. Most of the time these accidents occur, it's because another party was negligent. When truck drivers or motorists don't take the time to check their blind spots or the intersection, they can be held liable. When a car is tailgating you and rear-ends you- they are at fault.
When Can a City Be Held Liable?
When a city does not maintain it's roads- a motorcyclist is more likely to experience skidding, sliding and toppling. Questions that should be asked to determine whether or not a city can be held liable include:
- Were there bad grooves in the road?
- Was the road under construction?
- Was the railroad crossing dangerous for you?
- Was there loose gravel on the road?
- Was there uneven payment that caused the accident?
Motorcyclists can frequently be hit by an opening door as they are in a parking lot or even on a street. Research shows that motorists tend to misjudge the speed of a motorcycle and underestimate it's time of arrival, which can play a part in accidents.
Are You at Fault, or Your Bike's Manufacturer?
Before filing a personal injury claim- make sure you were not the one at fault. For instance, if you skidded on a sheet of ice, that is preventable. If you were excessively accelerating or braking around a bend and lose control, that is preventable. Did your motorcycle malfunction? If so, it could be because of a defective part, and in that case you could hold a manufacturer liable. There are many parts of a motorcycle that can be flawed and thus cause a crash:
- Brake failure- a manufacturer or mechanic could be to blame
- Defective fuel system- a manufacturer could be to blame, this could cause a motorcycle to burst into flames on impact
- Defective designs- if a motorcycle was poorly designed, you can hold the designer responsible
- Defective tires- a manufacturer or mechanic could be to blame
- Failed lighting system- a manufacturer or mechanic could be to blame
- Seat defects- a manufacturer or mechanic could be to blame
- Cracked wheel or rotors- a manufacturer or mechanic could be to blame
Or maybe you bought a helmet and it failed to protect you- in this case too, a manufacturer could be held liable. After an accident, it is recommended that a rider hold on to his motorcycle (no matter how damaged) so that an expert can examine the wreckage and determine who could be liable.
Motorcyclists have the same rights and privileges as motorists and if you have been injured by a driver's negligence, you are eligible to collect damages too. If you or a loved one was hurt while riding your motorcycle, Zinda Law Group will examine the details of your case and determine whether a city, driver or manufacturer can be held liable. When you have experienced, pain, stress, injury, loss of the enjoyment of life and financial strain due to lost wages and hefty hospital and rehabilitation bills, you have a right to seek compensation! Give Zinda Law Group a call today to learn more and to take the first step towards justice and recovery with one of our Personal Injury Attorneys.