This article will discuss an overview of what to expect when making a personal injury claim in respect of a motorcycle accident.
According to statistics provided by the National Highway Traffic Safety Administration (NHTSA), about 80% of all reported motorcycle accidents result in injury or death while 20% of automobile accidents do. In 2008, deaths from car accidents involving cars and light trucks reached an all-time low. While motorcycle deaths from traffic accidents reached all-time high doubling between 1999 and 2008, according to a report from the Centers for Disease Control and Prevention (CDC). This article will discuss an overview of what to expect when making a personal injury claim in respect of a motorcycle accident.
The majority of motorcyclists say that one of the best things about riding is the unique feeling of freedom that it brings, however, with that freedom comes vulnerability. Motorcycle riders do not enjoy much in the way of protection between their bodies and the roads. In addition, motorcyclists are in a unique position as special issues arise in respect of insurance claims and personal injury lawsuits as a result of motorcycle accidents. Some of these issues include the following:
In every state there are some sort of laws that are in place in respect of the use of helmets for motorcycle riders. Commenting on the state of California, a King Law Firm attorney stated that, “the state of California is one of a number of states that have enacted a ‘universal helmet’ law. This law basically requires anyone riding a motorcycle, whether it is the operator or a passenger, must wear a safety helmet that qualifies under certain state standards. The standards in respect of a helmet are set out by the California Department of Motor Vehicles and such standards adopt federal rules on helmet safety. As a result it is unlawful to operate a motorcycle on which any driver or passenger is not wearing a proper safety helmet.”
When asked as to the significance of the California helmet laws vis a vis a personal injury claim, the attorney stated that, “if a rider is in violation of the California helmet law and he or she is involved in a car accident it is highly likely that any motorcycle accident lawsuit that the rider files against another person will be affected especially in the case where the claim is for a head injury. In fact violating California’s helmet law amounts to negligence even if the rider did not cause the accident. The effect of violating the helmet law means that the injured rider holds some level of fault for the accident and the ‘pure comparative negligence’ rule will kick in to reduce any damages awarded that the rider will receive by an amount that is equal to the blame the rider shares in the accident.”
Road Surface Hazards and Motorcycle Accidents
Road hazards that are fairly common for car drivers may result in tragedy for riders of two wheeled vehicles. Potholes, sewer grates and train tracks are a few of the hazards that motorcyclists face each and every day. If such hazards cause an accident it raises the issue as to who may be held liable for the motorcycle accident caused.
There are a number of people who generally view motorcyclists as thrill seekers and as a result such prejudices can affect insurance claims as well as personal injury lawsuits in respect of motorcycle accidents. To benefit from legal advice and representation in respect of motorcycle accidents personal injury claims consult personal injury attorney in Ventura.
If you are looking attorney for Sylmar Car Accident, the author of the article recommends The King Law.