Bikers often are assigned blame for accidents. In our experience it is almost never the bikers fault for an accident. There are number of factors that come into play, most important is that many drivers are not looking for motorcycles on the roadway but instead are looking for cars and trucks.
The physics of motorcycle accidentsMany times people will look right at a motorcycle but not actually see the motorcycle. If you don't expect to see a motorcycle or pedestrian during a certain part of your drive, your brain will often ignore them even though they may be right in front of you. A motorcycle occupies a very small part of a driver's vision until it gets very, very close. If the motorcycle is traveling quickly, say 45 or 50 mph, it's possible the other driver's eye won't get around to looking at it long enough for the brain to actually process it until it is too late. This unfortunate phenomenon is known as selective attention. For more details on the science of selective attention see the link below.
Motorcycle accidents can occur for any number of reasons. Negligent acts that may result in an accident include the following:
o Cutting off bikers at intersections
o Failing to follow posted speed limits
o Failing to yield when appropriate
o Failing to leave sufficient braking room between vehicles
o Failure to see a motorcycle changing or entering lanes
o Neglecting to pay attention to other drivers
o Driving under the influence
The injuries from a motorcycle accident are unfortunately often catastrophic for the biker due to their increased vulnerability. Brain injury, spinal cord injury, road rash, leg or foot fractures, amputation, and serious back and neck injuries are common results of motorcycle crashes.
Can bikers get a fair shake?Additionally, motorcycle accident victims many times find themselves subject to anti-biker bias because some insurance companies believe that bikers should share liability due to the increased risks involved in motorcycling. If your case goes to trial, you need a skilled attorney to determine if any potential jurors also share this same belief and ensure that they do not make it onto your jury. We are aggressive in our pursuit of the maximum recovery for our clients. In the event of stonewalling or low offers, we move forward with lawsuits and push to trial if necessary.
The damages you are able to recovery are the same as in other negligence cases: lost wages, medical bills, future medical costs, property damage losses, and damages for pain, suffering and lost capacity for the enjoyment of life due to permanent injuries. If the injured individual is married, their spouse may also recover for the loss of support and consortium.
Give us a call for a free consultation today. Our motorcycle accident cases are always handled on a contingency fee basis, and there is never a fee charged unless there is a recovery for you.