Can You Sue for an Injury in a Motorcycle Accident?
If you have sustained an injury in a motorcycle accident, then you may be able to successfully sue the party or parties that caused your injuries. However, there will be a number of factors that will determine whether you have a solid case against the driver of the other vehicle.
The degree of recklessness of the other driver and your own actions as the driver of the motorcycle will determine whether you can recover damages as a result of an injury from a motorcycle accident.
Motorcycle Accident Basics
Because of their fast acceleration, high speeds, and little insulation from injury, motorcycles can be very dangerous vehicles. The vast majority of motorcycle accidents involve collisions with other vehicles, particularly cars. One-fourth of motorcycle accidents are single-vehicle accidents, where the motorcycle collided with some other object.
Common reasons for motorcycle accidents include a lack of attention on the part of the vehicles operator and a lack of training. That is why it may not come as a surprise that those who incur injury in a motorcycle accident are often between the ages of 16 and 24. Speeding and alcohol use also are common factors in motorcycle accidents.
The good news is that helmet use among those who ride motorcycles has increased over the last few years. According to a recent study conducted by the National Highway Traffic Safety Administration, helmet use was at 67 percent in 2009, up from 63 percent the year prior. This signifies a major change since 2005, when helmet use was only at 48 percent.
Lawsuits for Injury in a Motorcycle Accident
The type of lawsuit filed when seeking compensation for injuries incurred as a result of a motorcycle accident is known as a personal injury lawsuit. For you to have grounds for a suit, you must be able to show that another party had some or total fault in the accident.
Proving fault can be difficult and may require the use of an attorney. You dont necessarily need to pay for the best motorcycle accident lawyer in the marketplace, but you should find an attorney who has experience handling personal liability cases involving motorcycle accidents.
What you and your attorney will have to prove is that the driver of the other vehicle violated his or herduty of care. This duty, which all drivers have, basically states that you should operate your motor vehicle at a reasonable speed, maintain control of your vehicle, and drive defensively, meaning you should take all steps to avoid any accidents that you can reasonably anticipate.
If the other driver was reckless and abandoned his or her duty of care, whether by speeding or ignoring a red light, for example, then you will have a much greater reason to file suit.
In addition, you only need to file suit if you have sustained an injury in a motorcycle accident. The point of a lawsuit is to receive compensation for expenses you incurred. If the accident was so minor as to not cause any injury, then you might not have a reason to sue.