At Lawyer Legion we created a directory of attorneys focused on motorcycle accidents and other types of personal injury claims. You can search for a quality attorney by state, city, or zip code. The profiles have information on the attorney's membership and leadership in legal organizations related to motorcycle accidents and other types of personal injury lawsuits, speaking engagements at quality CLE seminars, and participation in specialty certification programs.
Motorcycle can be found on America’s roads more than ever before. As a result of more riders, serious motorcycle accidents can occur. Unlike other types of roadway accidents, when a crash involves a motorcycle the chances for serious bodily injuries or death are more likely.
State law usually governs lawsuits in civil courts for negligence. Different components of motorcycle safety include licensing requirements that vary widely throughout the 50 states. The general purpose behind these rules is to require education and testing to ensure maximum safety and minimum injury and fatality. The educational areas include drinking and riding, remaining alert and vigilant and wearing a motorcycle helmet with proper protective eyewear.
Between 2001 and 2008 34,000 motorcycle riders were killed and 1,222,000 were treated for non-fatal injuries of varying degrees. The most fatalities fall in the 25 – 29 year old age brackets, more fatalities at night than during the day and alcohol plays a role in a large number of these crashes.
What role do helmets and helmet laws play in lawsuits after a motorcycle crash?
Helmet laws vary from state to state. Statistics from the Center for Disease Control and Prevention (CDC) confirms that motorcycle accident survivability is enhanced when the rider and passengers wear motorcycle helmets. Only three (3) states do not have any helmet law. Nineteen (19) states and the District of Columbia require all motorcycle riders to wear an approved helmet. Twenty eight (28) states have some variety of helmet laws with varying exceptions and exemptions.
When it comes to motorcycle accidents, there are statistically, according to the National Highway Safety Transportation Administration (NHSTA), two different types of fatal accidents. The first type of fatal accidents are single vehicle crashes (45%) and multi-vehicle crashes (55%). In two vehicle accidents, the fatality rate for motorcycle drivers was approximately 90%. The multi-vehicle accidents occur most often with passenger cars.
Trends in Motorcycle Accidents
One of the primary factors in motorcycle accidents and fatalities is the visibility of the motorcycle driver to other motorists. NHTSA notes a trend in the increasing fatality rates for single vehicle accidents. This may be a function of faster motorcycles, younger inexperienced riders and a statistically larger riding population. Nonetheless, when a motorcycle accident occurs, and the rider survives, injuries are most often severe.
The types of severe injuries that occur in a motorcycle accident require extensive medical care and treatment. The injuries are debilitating and disabling and can be life changing for the motorcycle rider. The cost of care and damages are great. Not all states require motorcycle drivers to maintain insurance so often the only funds available to cover medical expense and rehabilitation are from a third party, at-fault driver or their insurer.
Are juries biased against motorcycle riders?
One of the issues which motorcyclists face is juror apathy. Many potential jurors feel that motorcycle riders should not be surprised when an accident happens. It is a subtle bias but a significant one when it comes to asking a jury to do justice for the badly injured accident victim. Experienced trial counsel are generally experienced in overcoming the bias that motorcyclists face in courtrooms.
It is imperative that motorcycle riders be prepared to show how they used prudent and due care, wore proper safety apparel and took proper evasive action. The law of motorcycle accidents is the law of negligence.
Many lawyers who represent motorcycle accident victims in personal injury lawsuits are motorcycle riders themselves. Many clients view this as a plus because it gives counsel a unique insight into the dynamic of riding and motorcycle – automobile accidents.
Lawyers who focus in representing parties in motorcycle accidents are generally considered to be civil trial lawyers or personal injury lawyers.
At Lawyer Legion we created a free directory of personal injury lawyers focused on motorcycle accidents and other types of cases. Our attorney directory helps the public find a qualified attorney in a variety of practice areas. Use our online attorney directory to find the top attorneys for motorcycle accidents in the United States.
This article was last updated on Friday, May 31, 2019.