Riding a motorcycle is an enthralling experience. But unlike other automobile drivers, motorcycle riders are exposed to greater dangers. Because motorcycles do not provide the extent of protection like a car, motorcyclists are more prone to suffering severe injuries. This means if you were or will be in a motorcycle accident you would likely be burdened with extensive medical bills and may miss out on time at work. Recovering from injuries and getting back on the road can be a harrowing experience. Therefore, you must know your legal rights and remedies available at your dispense if you are involved in a motorcycle accident. Because insurance laws differ for motorcycles as compared to other automobiles, hiring a motorcycle accident lawyer is the best way to navigate the legal landscape.
Motorcycle accident laws are specific state and federal laws pertaining to motorcycle accidents. Although motorcycle riders are required to follow the general traffic rules as other vehicles, there are additional legal requirements that motorcyclists need to fulfill. For instance, motorcyclists are required to follow special licensing, safety equipment, and additional driving procedure requirements. These legal aspects come into the picture when a motorcyclist is involved in an accident. Let’s take a detailed look at some of the legal requirements that motorcyclists need to meet.
Motorcyclists in most states are required to have a separate endorsement in addition to the license to ride a motorcycle. Most motorcyclists are unaware of the fact and ride illegally. They come to know of the fact when they are involved in a motorcycle accident. This means that the riders will be considered to be at least partially at fault for the accident even if the other party was entirely responsible for the accident. If you do not have the endorsement, it can hurt your claim and the amount of compensation that you expect to recover.
Most states have statutes that require motorcyclists to wear helmets. Some states require riders below a certain age to wear a helmet while others mandate all motorcyclists to wear helmets while riding their bikes. Following these laws is crucial to strengthening your claim and recovering compensation for your injuries.
For you to recover the compensation for your injuries, you must be able to prove that the other party was liable for the damages you incurred. Two situations can arise when trying to prove the liability of the party at fault:
Motorists driving any kind of automobiles are expected to be reasonably careful and avoid causing any harm to other motorists, pedestrians, and anyone else they encounter on the road. If a motorist behaves carelessly and puts others in danger leading to an accident they can be held liable for negligence and injuring the accident victims. This means you can demand them to pay compensation for the damages you incurred.
If you were in an accident where the driver of a car or truck behaved unreasonably and caused you injuries and damage, then you have the right to take them to court and demand compensation for your injuries.
There are four elements to a negligence claim that you should be able to prove in court. You must be able to show that:
The value of the compensation will depend on whether your carelessness contributed to causing the accident. If you are proved to be partially at fault for causing the accident then you may not be able to recover any damages at all. In case the legal concept of comparative negligence applies, your compensation will be calculated based on the defendant’s contribution to the accident.
At times motorcycle accidents can be a consequence of a design or manufacturing defect. A company is liable for a design defect if the product is manufactured and used for an intended purpose while it poses a foreseeable risk. In some states, to prove the design defect the victim is required to show that the foreseeable risk could have been reduced with reasonable modifications to the design the change was:
On the other hand, a manufacturing defect means that there was a deviation from the intended design during the assembling of the motorcycle and the modification rendered the vehicle dangerous and contributed to the accident.
Hiring a motorcycle accident lawyer will benefit you in the following ways:
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