MOTORCYCLE ACCIDENTS INFORMATION CENTER 

 

Overview

Motorcycle riders have increased considerably in the last several years.  There are over a million motorcycles on the roads today.  However, riding a motorcycle is very dangerous.  A motorcycle offers absolutely no protection to those on it. 

Motorcycle Statistics

Because motorcycles are fast and zip in and out of lanes, many drivers of cars and trucks do not see them.  If the vehicle changes lanes and the motorcycle is in their blind spot, an accident can happen. 

Motorcycles do not cling to slick roads as well as cars and trucks, thus, causing accidents.  Since they are not enclosed like an automobile, an accident victim is most likely to suffer serious injuries.  The National Highway Traffic Safety Administration reports that deaths from motorcycle accidents are significantly high compared to those from automobiles – more than doubled.  Statistics show that in accidents between a motorcycle and another vehicle, more than 78% of the motorcycles were hit in the front and less than 10% were hit in the rear.

Types of Accidents

Speeding/Reckless Driving

Super sport cycles are racing motorcycles.  They have powerful engines and reach high speeds.  If a driver is speeding and not paying attention to the driver in front, an accident can happen.

Alcohol

Drinking and driving can cause a fatal motor vehicle or motorcycle accident.  The Insurance Institute for Highway Safety statistics shows that 27% of fatally injured motorcyclists had a blood alcohol concentration of at least .08%. 

Road Conditions

There are many different types of roads in the United States.  Most are paved but some are dirt roads, rocky roads, gravel roads.  Conditions on these roads cause accidents.  Examples of some of these conditions are ridges in the pavement, slick surfaces, fluid spills and debris left on the road.

A motorcycle is less stable than an automobile or truck because of having only two wheels.  Crashing into an object is hazardous for motorcycles because of their size and lack of enclosure.  In one year, over 26% of fatal motorcycle accidents involved crashing into a fixed object.

 

At the scene

When the police arrive, cooperate with them.  Be polite and answer their questions.  Give them your name, address and facts about the accident.  Do not admit blame.  Exchange information with the other driver – giving your name, address, telephone number, license and insurance information.  If there are witnesses, talk to them, get their names and phone numbers before they leave the scene.  Take pictures of the road, your injuries, and other damages.  If more than one person is responsible for the accident, state law provides that any of the at-fault drivers may be held responsible for compensating you for your injuries.

Make sure to see a doctor because certain symptoms do not show until days later; keep all medical records and bills.  Keep receipts from any expenses related to the accident, including rental car, repairs and wages lost.

Causes of Action

The plaintiff begins the case by filing a complaint stating his or her reason for the lawsuit – usually negligence.  In a personal injury action, the plaintiff must show that the defendant breached the duty owed to the plaintiff and caused the injuries sustained.  The defendant has approximately 20 days to respond to the complaint.  The defendant can contest the complaint if he or she is not to blame.  The defendant has the option to file a counterclaim against the plaintiff, a cross claim against a co-defendant and a third-party claim against a third party involved in the accident.  If the defendant does not answer the complaint, the judge can enter a default judgment against him or her.  The defendant can also file a motion to dismiss the case. 

Comparative Negligence

If the other driver says you are partly responsible for your injuries, the doctrine of comparative negligence may reduce the amount of compensation you will receive.  If this is true, your compensation will be reduced by the percentage of fault you are found to be responsible.  The defendant’s liability is determined by comparing his or her negligence with your negligence.  If you are found to be more than 50% responsible, some states will not allow you compensation, while others will.  In addition, some states will not allow you recovery if you are slightly at fault.

Discovery

Discovery is facts and evidence to support your case.  Each party can request the other to answer written questions (interrogatories) and give testimony at depositions.  Evidence used is the VIN number, mechanical issues, the speed the vehicles were traveling and any defect issues involved in the vehicles.  Other evidence includes any witness statements, road conditions, weather conditions and traffic.  It will also be questioned if anyone was using alcohol or drugs.  The court will also look at your medical expenses and documents related to your injuries and damages.

Resolution

Sometimes the case can be resolved outside the courtroom through alternative dispute resolution (mediation, arbitration) or settlement.  Some states require the litigants to go through ADR.  If they agree to arbitration, they are bound by the neutral third party’s decision.  If this does not work, the case will go to trial.  After presenting all evidence, the judge and/or jury will decide any unresolved issues.  The judge will then enter a judgment for the winning person.  The decision can be appealed unless both parties agreed to the terms.

Recalls / Defects

A defective part can cause a serious accident.  A defective helmet can result in a serious head injury.  A defect in the motorcycle or one of the parts can be reported to the National Highway Traffic Safety Administration.  This Federal agency issues safety standards for vehicles and investigates alleged defects.  The agency requires manufacturers to send out recall notices for any defects in a vehicle. 

National Highway Traffic Safety Administration

Performance requirements are set by Federal motor vehicle safety standards.  They are issued for the safe operation of brakes, tires, air bags, seat belts and helmets.  The Administration has the power to order manufacturers to recall vehicles with defects and those that do not meet Federal safety standards.

Examples of defects are accelerators that stick, airbags that deploy at the wrong time, seats that fail during normal use, and wheels that crack.  Safety problems can be reported to the NHTSA at www.safercar.gov.  Click on File a Complaint.

The NHTSA will investigate by conducting an initial review of the complaints.  Next a review and analysis of defects and recalls will be done.  A two-part investigation will then take place, consisting of a preliminary evaluation and engineering analysis.  Lastly, safety recalls will be monitored to make sure it is appropriate.  Once it is determined that a safety defect does exist, the manufacturer of the vehicle can challenge the order to issue a recall in a Federal district court.

A manufacturer can also initiate a recall without contacting the NHTSA.  The manufacturer notifies all registered owners of the vehicle or part by mail that there is a problem.  The letter will say what to do and advise that this will be repaired free of charge.

Strict Liability Claim

If a defective motorcycle or a part (i.e. brakes) from the motorcycle caused the accident and injuries, the injured person can bring a strict liability claim against the manufacturer.  The plaintiff must prove the motorcycle was defective and unreasonably dangerous.  The plaintiff must also prove that he or she was using the motorcycle in its intended or reasonably foreseeable manner.

Conclusion

There are more motorcycles on the roads than ever before.  More and more accidents are occurring because of the speed of motorcycles.  If you were involved in a motorcycle accident, a personal injury attorney who focuses on motorcycle accidents will explain litigation steps to you.

 

Links to additional information

The American Motorcyclists Association has lots of information for motorcycle enthusiasts.  Visit their website at www.ama-cycle.org

For information, laws, and articles on Biker’s rights by states, visit www.bikersrights.com

The Insurance Institute for Highway Safety researches what works and does not work to prevent motor vehicle accidents.  This website features vehicle ratings and safety facts.  Click on http://www.iihs.org