What should I do in case of a motorcycle accident?

Motorcycles are obviously more dangerous to operate because of the lack of protection provided to the motorcyclist from the motorcycle. For every 100 motorcycle accidents, only 2 motorcycle riders will come out of an accident with no injuries.

Injuries from motorcycle accidents tend to be more severe than other accidents. Motorcycles are much lighter in weight than automobiles, and do not have the protection of safety belts, air bags, and a safe frame support to protect the driver from flips and rollovers. Because of these reasons, injuries such as burns, brain injuries, bone fractures, and even amputations are among the most common injuries associated with motorcycle accidents.

When driving, motorcyclists and operators of automobiles are to be aware of their surroundings on the highway. Because of their weight, motorcycles have a much shorter stopping distance than cars and trucks, and therefore anyone behind a motorcycle should allot for extra distance between their vehicle and the motorcycle. A motorcycle rider also has more blind spots, and less visual aids such as mirrors to aid in operation. Automobile operators should also use caution when changing lanes in front of a motorcycle because if the lane change is done too abruptly, the motorcyclist cannot swerve out of the way as sharp as a car, and will most likely result in an accident. Automobile operators should exercise courtesy to every other driver on the road, but especially to motorcyclists because they are more likely to be involved in an accident every time they are on the road.

Frequently asked questions by those seeking consultation for motorcycle accidents:

  • Who can be held liable for injuries or death to motorcyclists and their passengers?
    In most states, anyone who was at fault in the motorcycle accident may be held at least partially responsible. Typically, the driver of a car or truck is held at least partially liable. If the motorcycle operator is at fault, the operator can be held liable for injuries caused to the motorcycle passenger.

  • Can I file a lawsuit against a driver who hit me even if I do not carry insurance coverage?
    The absence of motorcycle insurance does not prohibit a person from filing a claim against a driver who was at fault for causing you injury.

  • If I have an uninsured motorist policy, can I file a claim if the car that cut me off and caused my motorcycle to veer off the road has not been identified?
    Yes.

  • Who is at fault if a car turns left in front of me and causes an accident?
    In most accidents, the vehicle making the left turn will be held accountable because left turning vehicles are required to yield to oncoming traffic. You may be held at least partially responsible, however, if you are found to have been speeding or driving recklessly.

  • What is “lane splitting” or “lane sharing”?
    Lane splitting is when a motorcycle operator passes in between car lanes on congested roads. Lane splitting is only legal in California if done in a “safe and prudent manner”. Lane sharing is when two motorcycles share the same lane. Lane sharing is legal in most states.

Ask an Attorney

Feel free to ask a legal questions that you would like answered. Your question will go directly and only to Deskin Law Firm, a professional law corporation. Deskin Law Firm will contact you directly to discuss your situation, usually via telephone, so please provide multiple ways to reach you via phone. Your situation will be kept confidential. There is no cost to discuss your situation and no attorney-client relationship is created by simply filling out the form and sending it.

Please type your first and last name.

Please type your area code and phone number.

To most effectively be able to reach you, please type another phone number where we may be able to reach you.

Please type the city and state (and country if outside the USA) that you live in.

Please type your email address and check it to make sure it is correct.

CAPTCHA
This question is for testing whether you are a human visitor and to prevent automated spam submissions.
4 + 13 =
Solve this simple math problem and enter the result. E.g. for 1+3, enter 4.