Owning a motorcycle can be one of the most liberating feelings in the world. They are fun and can help you create lots of unforgettable memories.
However, as fun as motorcycles are, many risks are usually associated with them. In 2020 alone, more than 5,300 motorcyclists were killed in motorcycle accidents in different states. The figure represented a 5.3% increase from the slightly over 4,900 deaths recorded in 2019.
From these statistics, it is safe to say that motorcycle accidents are highly dangerous and life-threatening than car accidents.
So, if you or your loved one is involved in a motorcycle accident, you should expect much more than just a damaged motorcycle.
You will probably sustain severe injuries that can take long to heal. The combined cost of medical bills, towing, and motorcycle repair can easily run into thousands of dollars.
That is why you need to be fully equipped with the right information on motorcycle accidents and how to protect your rights should you be involved in one.
What Is a Motorcycle Accident?
While this might seem like a silly question to ask, understanding the critical elements of a motorcycle accident can only help you in the long run. Sometimes, the information you think might not be useful may come in handy when you least expected it.
Typically, a motorcycle accident is similar to a car accident. However, additional factors such as injuries, liability issues, and the cause of the accident can make motorcycle accidents more distinct from motor vehicle accidents.
For instance, since motorcycles are lighter than vehicles, they are riskier to ride. It means that a motorcyclist has to deal with more risks on the road than a driver. Some of these risks include:
- Greater risk of being affected by road hazards such as debris and uneven road surfaces.
- Reduced visibility.
- Less protection than being inside a car.
- Possible high-risk behavior because the motorcycle is generally smaller than a car.
- Less stability on the road due to fewer wheels.
- Motorcycles require more skill to drive than a car.
The additional risks associated with a motorcycle make it difficult to determine liability in motorcycle accidents. Liability in most of these accidents usually falls under the law of negligence.
In this case, negligence is determined when a motorcyclist acts recklessly on the road resulting in a situation that endangers the other road users.
When on the road, motorcyclists must observe all traffic rules to avoid causing intentional harm to others.
Fortunately, in accidents involving motorcycles and cars, the motorcyclist is favored slightly because drivers are expected to be more careful, thanks to the risk factors outlined above. But this doesn’t excuse the motorcyclist from being at fault.
Motorcycle Accidents by Numbers
Tens of thousands of Americans are killed in motorcycle accidents every year. A report by the National Highway Traffic Safety Administration shows that an average of 5,400 motorcyclists are killed on the road every year.
These deaths make up about 14.5% of all car accident fatalities reported in the United States annually. The sad news is that these numbers have been rising steadily over the past decade, even though car accidents have been on the decline.
Fatal motorcycle accidents involve a collision with cars. Approximately 24% of all fatal motorcycle accidents are single-vehicle collisions in which the motorcycle hits a fixed object compared to about 17.1% of fatal passenger car accidents.
Motorcycle accidents do affect both the rider and the passenger. Riders are the majority of victims of motorcycle accident casualties. In 2020 only 6.3% of the motorcyclist deaths recorded were passengers.
In addition to the number of people killed in motorcycle accidents, thousands of others are injured every year. In 2020, more than 89,000 motorcyclists were injured on U.S roads.
A majority of motorcyclist deaths occurred among men. Of all people killed in motorcycle accidents in 2020, approximately 91% of them were men. In terms of age, a majority of motorcycle accident victims were over the age of 40.
What Causes Motorcycle Accidents?
A majority of motorcycle accidents occur as a result of riding under the influence. According to the Insurance Information Institute, more than 30% of riders killed in motorcycle accidents in 2020 were impaired at the time of the accident.
Unsafe turns by motor vehicles are the other leading cause of motorcycle accidents.
The NHTSA data shows that approximately 41% of fatal motorcycle accidents involved a motorist of a passenger vehicle making a U-turn or left turn and hitting a motorcycle traveling straight through an intersection.
Distracted driving also plays a critical role in motorcycle accidents because of the relatively smaller size of motorcycles. Typically, riders are more susceptible to being hit by motorists who are not focusing on the road fully.
Lastly, dangerous lane changes also contribute to these accidents. In most cases, motorists don’t look over their shoulders before changing lanes. Even if they do, they may fail to notice a motorcycle in their blind spot.
Some states, such as Utah and California, allow the motorcycle to ride between lanes creating a huge risk from drivers who change lanes without checking their surroundings thoroughly.
Common Motorcycle Accident injuries
The most common injuries resulting from motorcycle accidents are:
1. Head Injuries
Head injuries are some of the most devastating injuries that a person can suffer. They can result in long-term cognitive impairments, coma, and even death.
2. Brain Damage
A blow to the head can cause the brain to collide with the skull leading to bruising, bleeding, and damage to the nerves and blood vessels. This can result in long-term cognitive impairments, paralysis, and even death.
3. Spinal Cord Injuries
The spinal cord is very vulnerable to injury in a motorcycle accident because of the high speeds and forces. These injuries can result in partial or complete paralysis.
4. Neck Injuries
These are also common in motorcycle accidents because of the high speeds and forces involved. Neck injuries can range from whiplash to more serious injuries such as vertebrae fractures.
5. Broken Bones
Broken bones are also common in motorcycle accidents. The most common broken bones are in the legs, arms, and ribs.
6. Internal Bleeding
Internal bleeding is a severe and potentially life-threatening condition that can occur in a motorcycle accident.
Who Is Responsible for My Motorcycle Accident?
Even though motorcyclists face an increased risk of being involved in an accident, it doesn’t mean that the other motorists don’t owe them a duty of care.
All road users in the country have an obligation to follow traffic rules and remain alert, attentive, and unimpaired as long as they are behind the wheel.
Other parties such as motor carriers, government agencies, auto part manufacturers, and even cargo loading companies could be responsible for your accident.
In other words, if you were hurt in a motorcycle accident, several parties could be held liable for losses suffered. They include:
a) Another Motorist
Some motorcycle accidents are usually attributed to distracted driving, speeding, and drunk driving. If you were hit by a reckless driver while following all the traffic rules, you would have strong grounds for filing a lawsuit against the at-fault motorist.
b) A Motor Carrier
When a tractor-trailer hits a motorcycle, the trucking is usually at fault. Generally, employers are fully liable for any losses their workers cause to other road users while executing their job duties.
c) Government Agency
When designing the roads, government agencies at both the state and local levels are fully accountable for all kinds of road-legal cars, from motorcycles to trucks.
If you are hurt because the road was poorly maintained or poorly designed by a government agency, you have every right to sue the agency for compensation.
d) Car Manufacturer
Sometimes defective car parts can lead to fatal road accidents.
Whether you were injured because your own motorcycle had a defective part or someone else’s car had a defective part, you may have solid grounds for a product liability claim against the manufacturer of the defective part.
Faulty brakes, seat-backs, and even compromised tires are some of the most common defects that can lead to fatal motorcycle accidents.
What Should I Do If I Have Been Involved in a Motorcycle Accident?
If you or someone you know has been in a motorcycle accident, it is essential to seek medical attention immediately.
Even if you don’t think you’ve been seriously injured, it is always better to be safe than sorry.
Once you have been checked by a medical professional, you should contact a motorcycle accident lawyer to discuss your legal options.
A lawyer will be able to help you recover compensation for your injuries, lost wages, and other damages.
Determining Fault in Motorcycle Accidents
Like any other accident case, fault in motorcycle accidents is determined according to the standard of negligence in your state.
The injured party becomes the plaintiff and must prove that the defendant was guilty of negligence.
The four elements of proving negligence in personal injury cases are a duty of care, breach of duty of care, causation, and damages/harm suffered.
You can read about these elements and how they apply in personal injury cases here.
In some cases, you may be forced to prove that the other party’s conduct wasn’t that of a reasonable person.
While this may sound abstract, there are clear legal frameworks that constitute what is considered reasonable driving you can use to prove your case.
In other cases, negligence is relatively easier to prove; you are only required to demonstrate that the at-fault party broke a traffic rule (such as running a red light). This is usually referred to as negligence per se.
Damages in a Motorcycle Accident
Like other types of accidents, different types of damages may be available to injury victims in motorcycle accident cases. These include:
1. Property Damages
Property damage is meant to compensate the victim for any property destroyed or damaged in the accident. In most motorcycle accident cases, property damages refer to the cost of repairing or replacing the motorcycle.
2. Medical Expenses
This type of damage is meant to compensate the victim for any medical expenses incurred as a result of the accident. This can include the cost of ambulance rides, hospital stays, surgery, medication, and physical therapy.
3. Lost wages
Lost wages are meant to compensate the victim for any wages lost as a result of the accident.
Motorcycle accident victims may be forced to take a long break from work to recover from their injuries. This type of damage is meant to reimburse the victim for any wages lost during this time.
4. Pain and Suffering
This type of damage is meant to compensate the victim for any physical pain and emotional suffering caused by the accident.
5. Punitive Damages
In some cases, the court may also punish the at-fault party by ordering them to pay punitive damages. These damages are meant to deter the at-fault party from engaging in similar conduct in the future.
Tips for Motorcycle Safety
Now that you have everything you need to know about motorcycle accidents, here are some tips that may help ensure you arrive at your destination safely and unharmed.
a) Awareness Is Key
Always be aware of what is happening around you. Some people call it defensive riding, and its primary purpose is to help you remain alert in situations that may endanger your safety.
Leave enough space between your motorcycle and the car ahead of you and stay out of any blind spots so that the motorist ahead can always see you.
b) Wear Appropriate Safety Gear
Regardless of the distance you intend to ride or the laws in your state, it is always good to put on a DOT-approved motorcycle helmet as well as other safety gear such as gloves, proper footwear, and reflective clothing.
This will help improve your visibility to other motorists and protect you from injuries in case of an accident.
c) Inspection Is a Must
Conduct a thorough inspection of your motorcycle before hitting the road. Check the tires, brakes, fluids, lights, and side mirrors to ensure you remain safe on the road.
d) Make Yourself Visible
Wearing bright clothing during the day and a reflective jacket at night will make you more visible to other motorists. You can also equip your motorcycle with reflective tape and install additional lighting to improve your visibility.
e) Follow the Traffic Laws
You should always obey the traffic rules and regulations to avoid getting into an accident. Remember, speeding is one of the leading causes of motorcycle accidents.
f) Take a Motorcycle Safety Course
If you are new to motorcycle riding, it is always good to take a motorcycle safety course. This will help you learn the basics of motorcycle riding and give you the skills and confidence you need to ride safely on the road.
Legal Giant Understands Motorcycle Law
Have you or your loved one been injured in a motorcycle accident? If so, you need to talk to an experienced attorney who will assess your case and advise you on the next steps.
At Legal Giant, we connect you with a team of passionate motorcycle accident lawyers ready to fight for your rights and ensure you get the rightful compensation you deserve. Our attorneys work on a contingency fee basis, meaning you don’t pay us anything unless we win your case.
Contact us today for a free, no-obligation review of your case. We are available 24/7 and always ready to serve you.
