Motorcycle accidents are unfortunately extremely common in the United States. According to the National Highway Traffic Safety Administration (NHTSA), fatal motorcycle accidents accounted for nearly 14 percent of all traffic fatalities in 2017. Motorcycle accident victims and their families often have legal rights to recover substantial compensation as a result of injuries or death sustained from a motorcycle accident.
Motorcycle Accident Statistics
According to the National Highway Traffic Safety Administration (NHTSA), in 2017, there were 5,172 fatal motorcycle accidents and 89,000 people injured in motorcycle accidents. The NHTSA estimates that the number of deaths to occur in motorcycle accidents were 28 times more likely than passenger motor vehicle deaths per mile traveled. Of the percentage killed in 2017, 27% were impaired by alcohol. Despite the fact that ownership of a motorcycle is only 3% of all driver traffic, motorcycle fatalities account for nearly 14% of all fatal traffic accidents in the United States.
Risks of Motorcycle Riding
Motorcycle riding is inherently more dangerous than passenger vehicle riding. A motorcycle is a vehicle with less safety protection than motor vehicles and with only two wheels they are less stable than four-wheeled passenger vehicles. Unlike a passenger vehicle, a motorcycle lacks airbags, seatbelts, and virtually any bodily protection to a rider and passenger. Often, when a motorcycle accident occurs, the rider is ejected from the motorcycle and the motorcycle commonly crashes into objects in its way. This can also cause other vehicle crashes to occur.
Motorcycle Helmet Laws
Motorcycle helmet laws are put into place to protect motorcyclists from head injuries including traumatic brain injuries, many of which can turn fatal. In 2017, NHTSA estimates that motorcycle helmets saved over one thousand lives. Studies indicate that a motorcycle accident fatality is nearly 40% less likely to occur if the riders are wearing a helmet. Each state has different motorcycle helmet laws for passengers and drivers of motorcycles. Nineteen states, some being Alabama, California, Georgia, Louisiana, and Virginia, have a universal law and require motorcycle helmets for all motorcyclists. Twenty-eight states require only a certain class of persons to wear a helmet if the passenger is under age. In 2017, in states without universal laws, 57% of deaths occurred when an individual was not wearing a helmet, while 8% of fatal motorcycle accidents occurred in states with universal helmet laws.
If you or a loved one has suffered injuries, including traumatic brain injuries, from a motorcycle accident, contact The Law Center today to connect with a top motorcycle accident lawyer in your area. Call 866-465-1419 or fill out the form below for a free legal consultation today and understand your eligibility for financial compensation.
Common Causes of Serious and Fatal Motorcycle Accidents
- Alcohol or drug use
- Failure to signal
- Experienced motorists
- Roadway imperfections or construction
- Limited visibility of motorcycles
- Poor weather conditions
Motorcycle Accident Injuries
One of the most common injuries sustained in motorcycle accidents are traumatic brain injuries, which often occur when a motorcycle rider is not wearing a helmet during a crash. A traumatic brain injury disrupts normal brain function and can lead to coma or death.
- Traumatic brain injuries
- Injuries to the lower extremities (legs, ankles or knees)
- Injuries to the upper extremities (arms, wrists or shoulders)
- Internal bleeding
- Internal organ damage
- Road rash
Motorcycle Accident Lawsuits
A motorcycle accident occurs when an individual driving a motorcycle hits another vehicle or object causing injury or property damage to the parties involved. A motorcycle accident lawsuit can be brought by an individual who has sustained injuries or property damage as a result of the negligence or carelessness of the defendant.
As these lawsuits can be exceptionally complex, it’s important to retain a knowledgeable and experienced motorcycle accident attorney who will utilize their expertise with these specialized cases to obtain justice and compensation for your injuries. To be matched with a premier motorcycle accident attorney, call our always available helpline at 866-465-1419 or fill out the form below.
Who Can Be Held Liable in Motorcycle Accident Lawsuits?
A negligent or careless party can be held liable in a motorcycle accident lawsuit. In the context of motorcycle accidents, a person is negligent when their conduct falls below the standard of care that is required of an ordinary person who is in the same or similar situation. In the motorcycle accident context, a party can be negligent by failing to stop at a stop sign or wear a helmet. A person can also be negligent when engaging in active careless conduct, such as tailgating other drivers or speeding.
In order to be successful in a motorcycle accident case, a plaintiff’s motorcycle accident lawyer must show four elements: duty, breach, causation, and damages. A person has a duty to act safely and to not engage in careless conduct while driving and to avoid an accident. A party breaches the duty of care owed when his or her conduct falls below the required level of care or entirely lacks care to prevent the accident from occurring. Once an attorney has established a breach of duty, the attorney must show that the defendant’s careless or negligent conduct caused the accident and resulted in personal injuries or property damage. Evidence that is useful in showing a deviation from the standard of care differs by state and is part of their traffic statutes. Retaining the expertise of a motorcycle accident lawyer gives you the best chance at proving these four elements in court. Call 866-465-1419 or fill out the form below to get started on your path toward justice today.
Motorcycle Accident Lawsuit Damages
Motorcycle accident injuries are expensive to treat and victims may be awarded monetary damages for hospital visits, physical therapy, prescription drugs, and/or surgeries.
- Lost wages
- Pain and suffering
- Property damage
- Wrongful death damages (in the case of a fatal motorcycle accident)
- Punitive damages (in the case of gross negligence or intent to harm)
Wrongful Death Motorcycle Accidents
Wrongful death is the taking of a life through the negligent or reckless conduct of another person. A wrongful death lawsuit is a civil action brought by the family members of the deceased against the party whose negligence caused their loved one’s death. Wrongful death actions are defined by state statutes. An action allows the decedent’s survivors to seek damages from loss of support and hospital and funeral costs.
In order to recover in a motorcycle wrongful death action, a motorcycle accident lawyer must still establish the four elements that are required in a negligence action as illustrated above. Therefore, in order for a party to be successful in a wrongful death action, the plaintiff must establish that the defendant’s carelessness or negligence caused the death of the decedent. Moreover, since wrongful death claims are governed by state statutes, wrongful death statutes provide information as to who may sue for wrongful death, the statute of limitations to bring an action, the types of damages available, and any limitations on damages. Because wrongful death statutes vary by state, it is important to consult a specialized motorcycle accident lawyer to ensure you are able to maximize recovery in a wrongful death action. Call 866-465-1419 or fill out the form below to speak with a motorcycle accident lawyer today.
Get Help After a Motorcycle Accident
Finding the Leading Motorcycle Accident Lawyer Near Me
If you or someone you know has suffered a personal injury, property damage, or the loss of a loved one in a motorcycle accident, it is important to find a law firm with a premier motorcycle accident lawyer to ensure proper legal protection. Individuals who have suffered as a result of a motorcycle accident have legal rights and can be eligible to receive a settlement to compensate for treatment, rehabilitation, and any other financial burdens involved in suffering from an accident.
How The Law Center Can Help
The Law Center seeks to connect victims of motorcycle accidents and injuries with a skilled, knowledgeable and seasoned motorcycle accident lawyer who is best suited to help. Call 866-465-1419 or fill out the form below to be connected with a leading motorcycle legal specialist in your area.