Motorcycle Accident Risks and Negligence Elements

This article will discuss some of the unique factors common to motorcycles and motorcycle riding and their interplay with various elements of a negligence claim.

Press Release (ePRNews.com) - Anchorage, AK - Aug 09, 2017 - According to a report by the Department of Transportation, there were 8,410,255 motorcycles registered in the United States by private citizens and commercial organizations in 2011. An article published in 2014 ranked Alaska tenth among states with the highest number of registered motorcycles with 30,983 bikes in the state. In 2015 alone 88,000 motorcyclists were injured in accidents, and there were 4,976 fatalities in motorcycle crashes, according to a report by the National Highway Traffic Safety Administration (NHTSA). Their report confirmed the Department of Transportation’s estimate of approximately 8.4 million motorcycles on the road in 2015. If you have been injured in a motorcycle accident, you will likely make a personal injury claim. This article will discuss some unique factors common to motorcycles and motorcycle riding as well as the elements of a negligence claim.

Motorcycles present unique risks to riders. A motorcycle is characterized by having only two wheels and no metal enclosure for the rider. As a result of these characteristics, motorcycle accidents are more likely to result in death or serious injury as compared to car accidents. To put this into perspective, according to the Federal Government, there were 35 times more deaths from motorcycle accidents than from car accidents in 2006 per mile travelled. Some associated risks of motorcycle riding include:

  • Road hazards – motorcyclists may come across road hazards that have little to no effect on a car. Examples include debris, uneven road surfaces, small objects or wet pavements.
  • Visibility to cars – as a result of a motorcycle’s small frame, they are more easily hidden by objects on and off the road, making them less visible to cars, especially at intersections.
  • Less stable – generally, vehicles with two wheels are less stable than those with four wheels. This is especially true during emergency braking and swerving. Motorcycle accidents are frequently caused by the front wheel wobbling due to high speeds.

The liability associated with most motorcycle accidents is governed by the law of negligence. According to Cornell Law School – Legal Information Institute, negligence is defined as, “a failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances. The behavior usually consists of actions, but can also consist of omissions when there is some duty to act.” Therefore, a person is negligent if he or she behaves in a thoughtless or careless way and causes injury to another person.

There are four elements to a negligence claim that the person suing or making the claim must show.  They are:

  • The law requires that the defendant to be reasonably careful – an attorney from Crowson Law Group stated that “in both car and motorcycle accident cases, it is necessary that motorists exercise care when riding and driving”.
  • The defendant was not careful – the attorney stated that “in order to determine whether or not the defendant was careful, the law compares the driver’s or rider’s conduct with that of a reasonable person”.
  • The defendant’s conduct caused the plaintiff’s injuries – there must be a direct link between the actions of the rider or driver and the injuries sustained by the plaintiff.
  • The plaintiff was injured or suffered loss – if the motorcyclist did not get hurt or cannot prove any damages, he or she cannot be compensated for anything, even if the defendant behaved in a careless way.

If you are looking for an attorney with experience obtaining motorcycle accident settlements and for a motorcycle personal injury lawyer in Anchorage Alaska, seek out a law firm of professionals.

About the company:

Crowson Law Group is a law firm of renowned professionals who practice personal injury law including car accidents, medical malpractice, toxic exposure, defective products, motorcycle accidents and truck accidents to name a few. For a truck accident lawyer in Anchorage Alaska, a choice law firm is Crowson Law Group.

Source : Crowson Law Group
CATEGORIES : Legal Services
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