Motorcycle Accident Injury Update as of:

An Overview of the Legal Issues Surrounding Motorcycle Accidents

For many reasons, motorcycles remain a popular choice. Not only are they exhilarating to ride, but they are also quite economical relative to an average sedan or SUV given the raw cost and the high fuel prices. However, motorcycles remain dangerous for many reasons as well, and if someone is involved in a collision while riding a motorcycle, he or she faces a much higher degree of risk than in a car or truck.

Below is an overview of the issue of motorcycle accidents and the legal issues that tend to attach themselves to each of them as they occur. You’ll find statistics relating to the number and prevalence of these incidents, what specific types of legal analyses need to be performed properly before making a decision whether or not to move forward with a claim and why retaining a motorcycle accident attorney is critical if you or someone you love has been injured in this sort of situation.


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Motorcycle Accident Statistics
Below are the statistics on a national level for motorcycle accidents in 2006 and 2007, according to the National Highway Traffic Safety Administration:
2006

2007

As can be seen, the numbers are on the rise, and this is not a positive trend.  This is particularly troubling when one considers the leading causes of motorcycle accidents, which appear below:

Based on the numbers above, there are thousands of motorcycle accidents in the United States every year that could lead to legal action based on the causes involved. 
Necessary Legal Analysis
If you or someone you love has been injured in a motorcycle accident, there are issues that need to be clarified before you can make a sound decision regarding the filing of a claim for damages.  Below are just a few examples of what needs to be done.

  1. Cause – As mentioned above, the first issue to clarify is how the accident occurred.  If it was a one-vehicle accident where the driver simply lost control of the motorcycle, it’s likely that there would be no viable legal action in that regard.  There is an exception, however, and that would be if this accident occurred because of a defect in the vehicle that could not have been discovered by the driver before the crash.

If the crash was caused by another vehicle or driver and included problematic conduct such as speeding, the presence of alcohol or a failure to yield the right-of-way, then there very well could be a viable action.  Of course, this would depend on several factors aside from fault.

  1. Damages – Every legal action needs some form of damages in order to be considered valid.  For instance, if a crash occurred and the damages included:

These would all be considered valid damages that could rightfully be pursued and recovered in a civil law setting. 

  1. Legal claim strategy – Even if you have suffered as a result of a motorcycle accident that was not your fault, an attorney would still need to help you decide if pursuing that particular defendant would be worth the trouble and potential expense.  For instance, if the driver at fault has no income and no insurance, then your attorney would likely help you work towards a different strategy of recovery, which is possible in some jurisdictions.  In addition, this strategic analysis must include a close look at all of the evidence that could be brought to court, including that which will work against you. 
  2. The bottom line – Ultimately, you’ll need an attorney to help you decide, based on all of these and several other factors, if pursuing a legal claim is a worthwhile venture and would likely yield either a fair settlement or a winning verdict if the case proceeded all the way to trial.

How to Proceed
As you can see, working with an attorney in this sort of situation will not only allow you to rest assured that you are making a sound decision based on legal knowledge and on-point experience, but it will also free you to concentrate on your recovery.  You do need to work with a motorcycle accident lawyer who will tell you what you need to hear as opposed to what you may want to hear, which means that you need to contact an attorney who has the experience necessary to make this distinction.  Contact Parilman & Associates today to schedule a free initial consultation to get this process started.