BICYCLE ACCIDENT

BICYCLE ACCIDENT
DEFINITION

No two motorcycle accidents are alike.  At best, the motorcycle accident is a major inconvenience.  At worst, it is horrific, traumatic, and even deadly.  A non-fatal motorcycle crash can leave a person severely injured for years — even life.  A motorcycle crash may also leave you emotionally distressed and fearful.

The one thing motorcycle accidents have in common, however, is that they are costly.  Even a modest motor vehicle accident can cost thousands of dollars to repair.  Resulting medical bills and lost wages can leave you with exorbitant medical bills.

Research says that less than 10% of all those involved in a motorcycle accident have insurance for medical care or for repairs or replacement of their bike.

If you lost a loved one in a wrongful death, you might be struggling to support your family without that income and have extensive medical bills and funeral expenses to deal with in addition to your grief.

Motorcycle accident attorney Bill Newkirk is highly experienced in working with people who are dealing with the aftershocks of a motorcycle accident. He offers you a FREE, NO-OBLIGATION CONSULTATION to learn about your legal options. Should he take your case, YOU PAY NOTHING until your case is resolved.

FAQs

Between 1997 and 2008, motorcycle rider annual fatalities increased from 2,116 to 5,290 – a 150 percent jump, according to U.S. Department of Transportation’s Fatality Analysis Reporting System. In 2008 alone, deaths due to motorcycle crashes rose by an estimated 2.2 percent while all other vehicle classes saw reductions in fatalities. – Oklahoma State University, Transportation Center, 2009

The Hurt Report, published in 1981, is the benchmark study on motorcycle accidents in the United States. Among its findings:

  • Approximately 75% of all motorcycle accidents are multi-vehicle accidents most frequently caused by cars that violate the motorcycle’s space.

  • Ninety-eight percent of the multiple vehicle collisions and 96% of the single vehicle accidents resulted in some kind of injury to the motorcycle rider, and 45% resulted in more than a minor injury.

  • The most deadly injuries to the accident victims were injuries to the chest and head.

  • The use of a safety helmet that complies with FMVSS 218 is the single critical factor in the prevention or reduction of head injury.

  • The full facial coverage helmet increases protection and significantly reduces face injuries.

  • Helmeted riders and passengers show significantly lower head and neck injuries.

  • Motorcyclists suffer groin injuries in at least 13% of the accidents.

  • Half of the injuries were to the ankle-foot, lower leg, knee, and thigh-upper leg.

  • The failure of motorists to see and to recognize motorcycles in traffic is the leading cause of motorcycle accidents.

  • The most frequent type of motorcycle accident is a car making a left turn in front of an oncoming motorcycle.

  • Intersections are the most likely place for a motorcycle accident.

  • Most motorcycle accidents happen when the rider is on a short ride and happen close to the point of origin.

  • Weather is not a factor in 98% of motorcycle accidents.

  • Fuel system leaks and spills are present in 62% of the motorcycle accidents, representing a fire hazard post-crash.

  • The typical motorcycle accident allows the motorcyclist just less than 2 seconds to complete all collision avoidance action.
California has a comparative negligence law. That means that all the parties responsible for the motorcycle accident are responsible and can be held for damages proportionally to their percentage of fault.

For instance, even if a negligent driver was only 1 percent at fault for your injuries, that driver would have to pay 1 percent of your damages.

This means that depending upon the facts of your case, the driver who hit you may not be the only entity responsible for your injuries. Others who may be liable include:

  • Local, state, or federal government (for unsafe road conditions)
  • The manufacturer of your motorcycle
  • The motorcycle dealership or seller
  • The manufacturer of the vehicle that hit you
  • The seller of the vehicle that hit you
  • The owner of the vehicle that hit you (if someone other than the driver)
  • A passenger in the other driver’s vehicle
  • A driver or pedestrian not hit in the accident

Liability in motorcycle accident lawsuits can be complicated. Your motorcycle accident lawyer at the Law Offices of William H. Newkirk is experienced at investigating motorcycle accidents and ensuring that all those who are liable are held accountable.

A driver may be found negligent in a motor vehicle accident for a number of different reasons, including:

  • Inattention
  • Disobeying traffic laws
  • Driving too fast
  • Driving too slowly
  • Driving while drowsy or fatigued
  • Being under the influence of alcohol
  • Being under the influence of drugs (including, sometimes, prescription or over-the-counter medication)
  • Reckless behavior
Victims of a motorcycle accident, and in some cases their families, may be able to recover compensation for:

  • Physical injuries
  • Emotional distress
  • A wrongful death
  • Medical costs
  • Pain and suffering
  • Lost wages
  • Loss of future earning capacity
  • Vocational training
  • Motorcycle repair or replacement costs
  • Damage to other physical property
he Law Offices of William H. Newkirk takes motorcycle accident cases on a contingency basis.  This means that YOU PAY NOTHING until your case is resolved.

Time Limits to File a Motorcycle Accident Lawsuit
It is important to your case that you contact a motorcycle accident attorney as soon as possible.

This permits us to begin investigating your case to ensure that all entities liable for the motorcycle accident are revealed. It also allows us to interview witnesses before memories fade or people become difficult to find. We will begin collecting all evidence, before documents are lost, destroyed, or altered.

Most importantly, there are statutes of limitation (deadlines) by which you must file your lawsuit.  If you miss the deadline, then you are giving up your rights to ever file a motorcycle accident lawsuit for the damages or losses you suffered.

Contact a Motorcycle Lawyer
For a FREE, NO-OBLIGATION CONSULTATIONcontact motorcycle accident attorney Bill Newkirk.

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