When compared to automobile accidents, ones involving motorcycles tend to be more dangerous and it could lead to some serious and life-changing wounds like being paralyzed, losing a limb, as well as sustaining traumatic and severe head injuries. These injuries can change an individual’s life completely and it could result in some expensive medicinal bills.
If you ride a motorbike and if you were involved in a crash, the initial thing that you’ll be expected to do is to learn exactly who is accountable for the event, the wounds sustained, and, of course, all the losses. Once it is decided who is to blame, you can then easily seek payment for the losses.
But, before you can actually conclude who is to blame, you’ll need to understand the leading causes of motorcycle accidents, who is liable after it occurs, as well as what the basic elements of negligence are. Luckily, these are the things we’ll discuss in this article today. Let’s take a look:
What to do After The Collision Happens?
Before we begin explaining what causes these events and who is liable, you must learn what you must do shortly after the collision occurs. The very first step that you should take is to stop and check your wounds (if any), as well as whether anyone else is harmed.
Next, you’ll be required to call an ambulance and the law enforcement, mostly because you’ll want to guarantee that everyone is okay and that you have a document that will state all your wounds. Once you are done with that, you must take photographs of the site, including your motorcycle and other cars that were affected.
Do not forget to obtain some important info while on the scene including the name of the other person, their address, and phone number, as well as the license plates and model of their car. Additionally, if there are eyewitnesses, take their names and info as well. You might also want to get the report number from the police and the badge numbers from the officers that were there.
What Are The Leading Causes of Accidents Involving Motorcycles?
If you did some digging before opening this article, you have probably noticed that there are various factors that could contribute and cause motorcycle accidents. Most of them do occur because of the careless acts of people driving passenger vehicles, but, there are other, common causes.
Some of the most causes include left-turns, unsuccessfully yielding, swerving in front of the two-wheeler, distracted drivers, not noticing motorcycles, not checking blind spots before making a move, speeding, impaired operating, opening a vehicle door in front of the motorcycle, unsafe changing of lanes, suddenly stopping, as well as not leaving enough space between different vehicles.
So, Who Can Be Liable?
Before you could file a claim for your wounds, you’ll need to learn who is legally responsible for the collision. According to Eric Ramos Law, PLLC, it’s in your greatest interest to consult a lawyer in order to conduct an inquiry and conclude who is to blame. Naturally, there are various parties that could be responsible, including:
1. The operator of the vehicle involved,
2. The government, if they failed to properly maintain the highways,
3. The manufacturing corporation of the motorcycle,
4. The manufacturing corporation of the motorcycle’s parts and safety equipment,
5. The motorbike rental company,
6. The repair shop that is accountable for properly fixing, examining, and maintaining the motorbike.
Now, to obtain any type of payment, the jury will need to determine who is to blame for the accident. This can easily mean that there was more than one party responsible for the event. Next, they will determine the percentage of each party’s fault, and then multiple it by the number of damages.
If, for instance, an individual who is 20% responsible for the event and that caused up to 200.000 dollars of damages would need to pay 40.000 dollars. On the other hand, the other person – who is 80% responsible – will have to pay 160.000 dollars in damages. This basically implies that if you were partially responsible, the amount of money you can get will be lower.
Hence, if a jury finds you are 10% responsible, the amount you’ll receive will be reduced by that percentage. But, keep in mind, if they find you 51% or more guilty, any other person that was involved in the motorbike accident won’t be responsible to pay for any of the losses.
What Are The Basic Elements of Being Negligent?
In order to win the claim and receive payment, you’ll have to show in which way the other individual was responsible for the event. However, if you want to establish a claim that is valid, you’ll be expected to show the most basic elements of negligence including:
1. Duty of Care – which is the at-fault participant’s legal obligation to act and operate a vehicle properly and safely. This means that all drivers need to try and prevent accidents from occurring and their conduct might – and in most cases will – be compared to that of a reasonable person.
2. Breaching Duty – the at-fault participant must have breached their legal obligation to operate a vehicle carefully and normally. Things such as speeding, not leaving space between vehicles, or not following strict traffic laws and regulations all fall into the category of breaching duty.
3. The Causality – the faulty participant’s negligent actions must have prompted the accident to happen, which resulted in your motorbike being damaged, as well as your sustaining injuries.
4. The Losses – you need to be capable of proving that you suffered damages due to the collision by showing all your medical records, treatment bills, as well as lost working hours due to your recovery.
As you were able to learn, there is a lot of things that you’ll have to determine in order to learn who is guilty of causing a collision. One of the most important things that you must do is to speak with your attorney, mostly because they’ll be able to conduct a full investigation.
Hence, now that you are informed of all the things you must do in order to get reimbursed for your wounds and losses, you should not lose time. Instead, collect all the info and proof you gathered, and start searching for a lawyer that will assist you with winning your claim.