Riding Dangerously: Law on Motorcycle Accidents
Touring across the United States on two bike wheels powered by a reliable engine has become not just an all-consuming hobby of the free-spirited individual who loves the outdoors, but also a national pastime for those who find themselves inside office cubicles for at least 40 hours each week. Their weekend on motorcycle gives them the sense of freedom to "smell the flowers", and recharge their batteries, so to speak. This "fever on bike" has caught on a lot of people that "tourism on motorcycle" now becomes a passion for Americans and Europeans alike.
There are lots of advantages one can think of motorcycles: one, they come in different styles, which makes them the most flexible mode of transportation. You can ride on them during interstate travels; they are also unbeatable on congested streets. You can cruise with them, race with them or ride on them towards off–beaten paths for a sense of adventure (and misadventure).
Two, the economic advantage of motorcycles over other modes of transportation is the common reason why they are mostly preferred nowadays. Running on motorcycles is definitely cheaper; you can run lots of mileage on them for weeks, on the same amount of gas you would usually spend for fuel in your car on a daily basis.
Third, they are perfect during high traffic and where to look for parking space is one less of a headache.
Motorcycle Accident: How bad can it get?
Road mishaps can happen anytime; most frequently involving motorcycles, and commonly, fatal. Past surveys showed that deaths on the road tallied a higher count among motorcycle riders than passengers on other types of vehicles. Perhaps, this is due to the fact that more and more people are taking the road now on motorcycles, with less precautionary measures. Most times however, accidents involving motorcycles are not due to the impaired judgment of its drivers, but that of another.
5 Reasons Why Motorcycle Accidents Happen
Riding a motorcycle is both hip and fun, aside from the convenience and practical aspects that go with the ride. However, it is more prone to accidents than all other vehicles combined. Here are 5 reasons why motorcycle drivers register high in road mishaps at any given year:
- Exposure to dangers on the road; there is no protective shield or cover against incoming vehicles.
- Poor visibility among other vehicles to spot a motorcycle, due to its size;
- Perils on the road like open manholes, sharp objects, road humps, etc…
- Manufacturing defects;
- Poor driving skills.
The Law on Motorcycle Accidents
1. Who is at fault?
The general law on personal injury, as most Florida car accident lawyers would tell you, provides that whosoever causes an injury to another, due to negligent acts, shall be held liable for any damage or harm resulting from such negligence. This is the principle of law, which applies on motorcycle accidents, slip and fall and other related cases provided these three (3) requisites concur:
- There is a duty of care required by law from the defendant (person accused) to be provided to the plaintiff (person injured);
- The defendant failed to perform or refused to perform the standard of care required of him;
- Due to negligent acts, committed an injury or caused an accident;
- As a direct result of such negligent acts, injury was inflicted on the plaintiff.
2. Law on Manufacturer's Defects
There are instances when accidents happen due to some defects on the vehicle itself. When this happens, it is always best to consult a Florida accident attorney who has knowledge and competence to deal with issues pertaining to product liability, including recalls, if any. Only a competent lawyer can determine if the motorcycle driver can press charges and collect claims against the manufacturer for any damage or injury he suffers due to a product defect.
3. Law on Helmet
Most states in the US require all motorcycle drivers and their passengers to wear helmets when they are on the road to avoid fatal consequences when accidents happen. Surveys have shown that between those wearing safety helmets and those without, brain injuries encountered by those with head protection are less severe than those who are fully exposed to danger on the road.
Laws pertaining to the wearing of helmets and other protective equipments differ from state to state; the law on the use of helmet by both the driver and his passenger or either one of them has become mandatory, but there has been a noticeable lack of support among motorcycle operators. Nevertheless, law is law that even though the statute is often met by criticisms, failure to wear helmet while riding a motorcycle constitutes an act of negligence, which may affect the amount of recovery being sought for by the motorcycle driver or his passenger.
The Rationale behind the Law on Helmet
The law is clear that failure to wear a helmet as mandated by statutes in some states may constitute negligence and can affect the extent at which the motorcyclist can demand recovery however it does not constitute a full bar to his right to make a claim.
When a passenger is injured while riding on a motorcycle and his failure to wear a helmet contributes to the severity of the injuries he sustained, then his negligent act may affect the extent of his recovery however there is nothing in the law, which states he could not recover.
Where to get help in case of a motorcycle accident
The best thing to do for anyone who has sustained injuries due to motorcycle accident is to see a competent lawyer, like Florida Accident Attorneys, who have proven track record in handling cases involving motorcycle accidents. A competent lawyer for this case is one who has the expertise on traffic laws, state regulations on motor vehicles, insurance and medical issues, including determination of the right amount of claim.
