The laws which govern motorcycle accidents resemble the rules of car accidents. However, motorcycle accidents occur much more frequently and do possess some unique factors.
According to the federal government, since motorcycles weigh less, only have two wheels, and don’t encase the driver, accident deaths occur 35 times more per mile traveled from motorcycle accidents than car accidents.
Whether you drive a car often or drive a motorcycle, understanding your motorcycle accident’s responsibilities can now help you protect yourself later.
What Are My Responsibilities as a Driver in a Motorcycle Accident?
When driving a car or motorcycle, a driver must use care to avoid injuring anyone they encounter on the road, whether another car driver, motorcyclist, or pedestrian. If a driver is not “reasonably careful” and injures someone as a result, the driver will be held accountable for that injury due to the rule of negligence.
One significant way car accidents differ when a motorcycle is involved is motorcyclists can not receive Medical Pay Benefits from their own insurance companies to help pay medical bills after a motorcycle crash.
This means that motorcycle accident victims usually seek financial compensation from negligent drivers after a severe motorcycle accident.
What Must Be Proven For A Driver To Be Deemed Negligent In A Motorcycle Accident?
To prove a driver was negligent, these four criteria must be met:
- The driver was required to be “reasonably careful” by law. This is a given when driving; all drivers must exercise care regardless if the vehicle is a car or motorcycle.
- The driver was not careful. When determining if the driver used to care, the court will compare the driver’s conduct to that of a “reasonable person.”
- The defendant’s actions caused the plaintiff’s injuries.
- The plaintiff was injured or suffered losses. If the motorcyclist didn’t get hurt or can’t prove any damages, he or she can’t recover anything, even if the other driver committed careless actions.
What Should I Do If I Was Involved In A Motorcycle Accident?
If you’ve been in a motorcycle accident, as the driver of a car or bike, first be sure to care for any injuries you have. While at the scene of the accident, collect as much information as possible.
Once you’re feeling well, call the Knox Law Center as soon as possible. Knox Law Center’s team of attorneys offers complimentary consultations to help guide you in the next steps for your case.
We believe motorcycle crash victims deserve knowledgeable and aggressive legal help to get total and fair compensation after serious accidents, and we are here to help.
