In some cases, the person at fault for a motorcycle accident may be the city. The city is responsible for maintaining the roadway, and any defects in the road or other conditions could cause an accident. In some cases, the city is also liable for the injuries sustained by the motorcycle passenger. In these cases, the injured person may have a legal claim against the government entity that messed up the road.
Other common reasons for accidents involve the ineffectiveness of a motorcycle part. Whether the brakes fail to work properly, the lighting system is ineffective, or the seat is defective, a motorcycle accident can be caused by a defective part. If the manufacturer was responsible for the defect, the injured party may have grounds for a product liability claim against the manufacturer. A motorcycle manufacturer may also be responsible if a driver was distracted or impaired while operating their motorcycle.
A motorcycle operator can also be liable for injuries sustained by passengers in an accident. Reckless driving can result in a personal injury lawsuit, because the operator of a motorcycle had a duty of care to the other car driver and passengers. In these cases, the motorcycle operator and passenger may both be responsible for the damages. However, it is often the case that several at-fault drivers are responsible for the injuries sustained by a motorcycle passenger.
Regardless of who is at fault, the injured person should seek compensation from the negligent party. Most states have a strict liability standard that makes it easier to sue negligent drivers. Specifically, plaintiffs must prove that a defective product was left in the defendant's possession and cause the accident. This standard is also easier to prove, since the defendant must have known of the defect when it left its custody.
During an accident, it is important to gather as much evidence as possible before negotiating with the other party's insurance company. Insurance companies have a special training to cancel out evidence against the defendant. This is why it is crucial to consult an attorney before speaking to the insurance company. An attorney can also pursue damages, collect evidence and argue against charges brought against the defendant's insurance company. Furthermore, an experienced motorcycle accident attorney can navigate the laws regarding insurance and helmets, and protect the client's rights.
The injured party should take photos of the accident scene, collect information about the other party, and make a record of the details of the accident. The injured person should also record the details of the accident, such as the names and addresses of the other driver's insurance company. The driver who hit him/her may be partially at fault, which may reduce the injured party's damages. In some cases, it is possible for a judge or jury to assign partial blame, and this could affect the injured party's ability to obtain damages.
In some cases, motorcycle accidents may result in significant physical or emotional injuries. They can also result in permanent scarring and disfigurement. As such, a victim should be compensated for both their pain and suffering. Furthermore, motorcycle accidents may result in damages to the property of the other party. These damages may require the hiring of multiple experts, including a personal injury attorney. This legal team can assist the victim and pursue full compensation for their losses and damages.
Distracted drivers, for example, can put other motorcycle riders at risk. Distracted drivers may not notice a motorcycle and cut it off, running it off the road. Driver negligence may also include traffic violations. Speeding drivers, tailgaters, and other vehicles may fail to yield to a motorcycle. In addition, drivers who fail to obey traffic laws can accidentally hit a motorcycle rider. Ultimately, the injured rider may be able to hold the driver responsible for the accident and the injuries that resulted.
A personal injury attorney can help a victim identify who is responsible for the accident. The attorney will conduct a thorough investigation and determine the at-fault party. The amount of compensation awarded will depend on the circumstances of the motorcycle accident. Minor injuries will likely result in a lower award. So, it's essential to hire a motorcycle accident attorney who can identify the liable party. If there's negligence on the part of the other party, the victim may have a case to win financial compensation.
Motorcyclists and other drivers face many of the same risks and hazards in motorcycling accidents. It is not uncommon to experience severe injuries and traumatic mental or physical trauma as the result of a careless driver. A motorcycle accident attorney can help the victim recover compensation for medical expenses and financial support throughout the recovery process. So, if you or a loved one has been injured, don't hesitate to hire a motorcycle accident attorney today.
Lehigh Law Group are experts in Personal Injury cases of all types, specializing in motorcycle and bicycle-involved traffic accidents.