Motorcycle accidents in particular can be extremely complicated when it comes to making personal injury claims, so it’s imperative as a bike owner to understand all of the nuances before you take to the road. Being prepared in the event that an accident arises will help you to navigate the ups and downs of gaining reparations in a legal setting, so let’s take a look at everything you need to know regarding US motorcycle accident laws and even sentiment.
A general overview of the motorcycle accident personal injury landscape
It’s widely understood that defining who is at fault for any personal injury claim poses its own issues, but motorcycle accidents are some of the most challenging. This is because not only are individuals at a higher risk of injury and even death due to the lack of protection compared to those involved in car or truck accidents, but also laws are varied, full-coverage insurance plans can be expensive, and courtrooms are faced with unique biases.
Motorcycle accident and operation laws are significantly different from those for four-wheeled vehicles and will affect who is deemed as responsible, as well as the level of compensation claimants will be able to receive.
Key information about motorcycle accidents in the US
Motorcyclists have some of the highest fatality and severe injury rates in road accidents, and with such a low percentage of bikes vs. cars and trucks, misconceptions of irresponsibility are often leveraged by insurers and lawyers representing the at-fault party. This means that it is crucial for riders to ensure they not only act properly on the road but also act with extra vigilance when an accident occurs.
For example, if you’re in a motorcycle accident of any severity, you must document the event as much as possible:
- Immediately contact the police
- Gather on-scene evidence (include photos, eyewitness accounts, driver information, etc.)
- Seek medical attention
- Write your own timeline of events down as soon as possible so you don’t forget important details later
- Notify your insurance provider, giving basic information regarding the accident. Reserve a more detailed account for your lawyer
- Find a personal injury lawyer with experience in motorcycle accidents specifically
It’s important to note that insurers will typically do everything they can to pay out as little as possible for personal injury claims, if any amount at all. This becomes even more prevalent in motorcycle accident landscapes, due to the difficulty in clearly defining who is at fault and deemed as negligent.
An example of motorcycle road law complexity
To give you an idea of how complex aspects of motorcycle law are, let’s take a quick look at helmet-wearing requirements. Helmet laws are a key distinction in accident injury that aren’t relevant to traditional vehicle claims.
As a motorcyclist, you will know how important it is to wear a helmet to ensure your safety, but the rules and regulations of doing so vary from state to state. For example:
- Nearly 30 states across the US mandate riders wear helmets, but a large percentage of these only relate to riders aged 18-21.
- Some states are happy to waive motorcycle helmet laws if the rider has the correct medical insurance and uses eye protection.
- Motorcycle riders may confuse helmet laws with safety recommendations in certain states, which can complicate personal injury claims.
- Accident claims involving more severe injuries where a rider was not wearing a helmet may face comparative fault. This is where the claimant may be considered to have contributed to their own injuries.
As you can see, ensuring that you wear the proper safety equipment when riding your motorbike will undoubtedly help your claim but does have its own nuances that could affect how much compensation you receive.
Finding legal representation
The best thing you can do is find a local motorcycle accident injury lawyer. With relevant knowledge in both general and local road laws regarding motorcycles, the intricacies of everything from proving negligence to an awareness of key insurance factors such as your rights in no-fault states, and the skills to navigate unique aspects like lane-splitting rules; selecting a professional with a specialist focus can be key to securing the right outcome and the reparations you deserve.
