Determining Liability in a Motorcycle Accident
Motorcycle accidents are different from car accidents when it comes to proving liability. It's important to have a motorcycle attorney represent you in a personal injury claim involving a motorcycle accident. Here are some factors that affect liability in a motorcycle accident.
Laws on Helmet
In many states, some laws require motorcyclists to put on helmets when driving. Riders who fail to wear a helmet are three times more susceptible to suffering from a brain injury after an accident. Failing to wear a helmet will not prevent you from recovering damages after an accident.
However, failing to wear a helmet when there is a law requiring you to wear one will help your opponent claim you were negligent. This will reduce your damage award. In some jurisdictions, proof that an injured motorcyclist failed to put on a helmet isn't considered. Your motorcycle accident attorney will advise you about the helmet laws in your state and how they'll affect your case.
One of the common product defects involves safety recalls of motorcycles. These recalls are instigated by the National Highway Traffic Safety Administration (NHTSA) or the manufacturer of the vehicle. These recalls respond to a defect in a component of a motorcycle.
Motorcycle manufacturers are required to inform owners about recalled motorcycles or motorcycle equipment. Motorcyclists should check for recalls to increase their safety. Many motorcycle accidents are a result of a defect in the motorcycle. Your motorcycle accident lawyer can help you prove that your accident was caused by a motorcycle defect. For example, an alignment problem may lead to accidents at higher speeds. In this case, the manufacturer will be held liable if they didn't inform you about the recalled motorcycle.
Negligence of the Driver
Another factor affecting liability in motorcycle accidents is the negligence of the driver. A person is deemed to be negligent if they behave in a careless manner that leads to an accident. Motorists have a duty of care to avoid injuring passengers, pedestrians, and other motorists. If your motorcycle accident attorney can prove that the driver wasn't reasonably careful leading to your injuries, you can recover damages from the driver.
To prove negligence, your motorcycle attorney services need to show that the at-fault driver had a duty of care. They also need to show that they breached that duty of care and caused you harm. Your motorcycle accident attorney is also required to present proof to justify your damages. For example, medical reports, days you have missed work, or the bill you received for your motorcycle repairs can be used by motorcycle lawyer services to claim a certain amount of damages.