There are a number of issues that motorcycle victims should look into when seeking injury compensation. Some of these include the causes of the accident, determining who is at fault and who should be held liable for the accident and then the actual filing for compensation. Some of the common causes of motorcycle accidents are also known as motorist-related accidents. They are:
Common Motorcycle Injuries
- Motorists’ error. Oftentimes, motorists fail to detect other motorcycles riding very close to them. Many of them either do not see the motorcyclist or it is usually too late when they eventually see them, and they end up not being able to avoid a collision. Some of the motorists’ errors are distraction from cell phones, texting and loud music, fatigue, driver experience, reflex delay (elderly or handicapped drivers), intoxication and road rage.
- Traffic violation is also another cause of motorcycle accidents which include: failure to yield right of way, over speeding, illegal lane changes and failure to heed traffic signal.
Some of the common motorcycle injuries occur just like passenger car injuries, which falls into two categories: hard and soft tissue injuries. Whereas motorcycles and other motorists share common injuries, there are some that are the same and unique when it comes to motorcycle accident victims. If you are motorcyclist, you need a Motorcycle Accidents Attorney Los Angeles, Woodland Hills, Encino, Tarzana, Chatsworth and the Entire San Fernando Valley
who will be patient enough to listen to your plight and help you in case of any accident involving any of the following injuries:
- Hard injuries. This includes second and third degree burns from the motorcycle engine, exhaust and manifold. A motorcycle engine is fully exposed unlike the car engines, which are usually under the hood, and is usually separated from drivers by a firewall. While running a motorcycle, the average temperature is about 230 degrees. When there is a collision between a car and a motorcycle, and the motorcyclist is knocked off his bike, the only thing between the rider and engine block is the jeans worn or leather chaps. This is not enough to stop a rider from receiving the second and third degree burns.
- Spinal cord/internal bleeding/brain trauma and other organ damages. In many motorcycle crashes, the force of impact during the crush is sometimes more severe enough to traumatize one or more of the cyclist organs. The studies on motorcycle crush show that the force of impact when a motorcyclist is thrown to the ground or into a solid object is the same at both low and high speeds. Common injuries that motorcyclists suffer are internal bleeding, collapse and punctured lungs and other internal damage.
Who Is At Fault When A Motorcycle Accident Occurs?
- Broken bones. This is common for motorcycle accident victims. It often includes fractures of pelvis and wrists. These injuries mainly occur because during the rider’s first inclination when falling will be stretching out his hands to protect his face. When he does this, he leaves his lower extremities fully exposed, along with his hands, pelvic and hip areas, which are most likely to be injured.
- Soft tissue injuries include abrasion, contusion and lacerations (scrapes, bruises and cuts). The motorcycle drags down along with the motorcyclist when he goes down. His arms, legs and sometimes his piece of clothing hold to some parts of the motorcycle. As the motorcycle drags him he gets a ‘road rash’ or ‘road burn’.
- Sprained or torn ligaments, tendons and muscles injuries. Many of the motorcycle accident victims suffer sprains, torn ligaments and muscles injuries. These injuries occur primarily when the rider is almost falling and one of his first instincts is to hold on tightly to his motorcycle. When he does this, he exerts a lot of effort in preventing it from falling underneath him. In most of the cases, the motorcyclist always loses his grip and ends up getting hurt.
- Although the word whiplash is always associated with car accidents, it affects motorcyclist (accident) victims. The rider’s neck and back can be snapped violently after an accident. Often the symptoms of whiplash will not appear for days, but when they do, they are very debilitating.
All forms of negligent experienced when driving are mostly caused by motorist’s error and traffic violation. In an event that the motorist is negligent leading to injury in an accident, the law says it is a violation of his right to the other driver. However, a motorcyclist is legally right to seek for compensation for his injuries and other related costs where negligence has resulted in his injuries from a motorist. It should also be kept in mind that motorcyclists have a duty to care for other motorists too. In an event where a motorcyclist goes to trial, the primary issue the jury must decide is who breached his duty of care.
This is why you need a Motorcycle Accidents Attorney Los Angeles, Woodland Hills, Encino, Tarzana, Chatsworth and the Entire San Fernando Valley
who will stand by you and give you all the needed support when in a strait. The judge always gives instructions on how they are to base the verdict before a jury begins his/her deliberation. The primary instruction usually is the equal duty of both parties to care for each other thus:
- Keep a proper look out on each other
- Comply with applicable traffic rules
- Use all available means to avoid an accident
The plaintiff (motorcyclist) who filed a lawsuit has the duty of presenting a proof to show that the defendant (motorist) breached his duty of care, which is an act of negligence. In this case, the defendant can also counter the claim of the plaintiff saying that the he (plaintiff) breached his duty of care to him, and this was negligence on his part. From cases I have helped clients resolve as a Motorcycle Accidents Attorney Los Angeles, Woodland Hills, Encino, Tarzana, Chatsworth and the Entire San Fernando Valley, y
ou must determine from the evidence that there was a breach of duty of care by either the motorcyclist or the motorist. On the conclusion that both of them breached their duty of care to each other, then you must compare the percentage of compensation that the evidence warrants. This is an excellent example of jury’s instruction and it helps you understand what takes place in a motorcycle accident claim or trial. This addresses the issue of duty of care, comparative negligence and breach of duty.
Evidence Of Negligence
Let us now look at how you can prove your personal injury claim. Like any other claim you will need evidence. Let us look at some evidences that you need to gather. Just as the judge’s instruction when a motorcyclist files a lawsuit, it is up to him to prove that the motorist breached his duty of care and that he (motorcyclist) did not contribute to the accident. If the motorcyclist cannot prove that the motorist was 100 percent at fault, then, he is comparatively negligent, and is liable for an offence that deducts his percentage of fault. Unlike cars and trucks where the passengers are eye witnesses to an accident, the motorcyclist rides alone, and he alone should gather enough evidence about the motorist’s negligence.
For all your motorcycle accident related matters, the Leventhal Law Group, P.C offers free and no obligation consultation with a qualified attorney. Call 818-347-5800 for a free consultation today!