Protecting Your Rights After a Motorcycle Accident
According to national statistics, over 5,000 motorcyle bikers are killed each year in motorcycle-related accidents. Of this number, 35 percent were the result of speeding. Annually, around 96,000 motorcyclists suffer injuries from these accidents. In order for a motorcycle injury victim to recover compensation for motorcycle accident injuries, he or she must engage in legal action to prove that the accident was another driver’s or another entity’s fault. A proper investigation of a motorcycle accident scene must only be done in consultation with a personal injury attorney in your state.
When you consult a personal injury attorney about your motorcycle accident injuries, he will conduct the following investigation procedure.
1. Determining driver fault. According to statistics, around 70% of motorcycle accidents occur when drivers violate the right of way of a motorcyclist. One of the leading causes of motorcycle crashes is when car drivers fail to see motorcyclists in traffic. This is usually due to failure in checking blind spots, tailgating, and failure to anticipate the speed of a motorcycle. A personal injury attorney will study the accident accounts and make an assessment about who is most likely to have caused the accident.
2. Studying of road conditions. Certain conditions such as road defects and safety hazards may contribute to motorcycle accidents and their resulting injuries and fatalities. Because motorcycles are less stable than cars, they are more prone to accidents on poorly kept roads and highways. Studies show that intersections have a high incident rate of multi-vehicle motorcycle accidents. Personal injury attorneys assess road conditions based on these statistics, and see if the cause of the accident was a design or construction flaw, a failure in traffic control systems, or another factor. If so, then liability can be placed on the city’s traffic and highways development authority.
3. Assessment of the accident vehicle and safety gear. Only a small percentage of motorcycle accidents are caused by vehicle failure. When this happens an inspection of the vehicle involved is necessary, and is conducted by qualified experts. The same is done for the safety gear, such as the helmet that the injured driver was wearing at the time of the accident. Personal injury lawyers will investigate whether the injured driver’s safety gear is government-compliant. This is imperative to a case that involves a head injury, in which case the attorney will avail of the expertise of the makers of the helmet.
By assessing the helmet’s performance in a crash, the attorney can determine if the safety gear performed accordingly, or if it was flawed.
4. Safeguarding the injured motorcyclist. In the process of tracking down the parties responsible for the accident, the personal injury attorney will ensure that no liability falls on the injured motorcyclist. Because motorcyclists often engage in great speeds and dangerous maneuvers when on the road, they can be easily held liable for accidents. An aggressive personal injury lawyer will not permit a percentage of fault to mar a motorcyclist’s chances of claiming 100% in damages. He will do all it takes to protect the interests of the client by negating all possible arguments on comparative negligence.
If you have been injured in a motorcycle accident case in Los Angeles or Orange County, contact an El Dabe law Firm personal injury lawyer today for a free consultation. El Dabe Law Firm serves clients in Southern California.