Motorcycle Accidents: Who is Liable?

October 7th, 2013 Uncategorized
Fellows Hymowitz Personal Injury Law Motorcycle Accident Attorneys

Motorcyclists are very vulnerable on the roadways. They have limited protection against other vehicles, distracted drivers, dangerous weather conditions and other road hazards. After a motorcycle accident, it can be hard to prove who is at fault. Occasionally liability in a motorcycle accident may be cut and dry; however it is common that many causes are not easily determined instantly.

Motorcycle accidents can occur even when there is no physical contact with another vehicle. This can complicate the legal process a bit, but it does not mean that the accident wasn’t caused by another driver’s negligence.  Motorcyclists are often forced to drive off the road or dangerously lay their bikes down to avoid collisions with drivers who are not paying attention or driving unsafely.

In cases like this, even though the other driver did not physically hit the motorcyclist, they can still be held responsible for the accident and any injuries.

Unfortunately most motorcycle accident occur simply because drivers were not paying enough attention. When drivers make left hand turns they often do not first check to see if there is a motorcyclist in their blind spot, contributing to thousands of accidents and deaths every year. This coupled with the growing rate of distracted drivers on the roadways makes for increasingly dangerous conditions for America’s motorcyclists.

In other situations dangerous road conditions such as potholes or unmaintained roadways may be to blame. These conditions may also play an important role in any motorcycle accident, contributing to the severity of injuries to the motorcyclist and the damages that can be claimed.

Even with proper riding technique and all recommended safety gear, motorcyclists are at a much higher rate of injury and death if an accident occurs. It is imperative that if you drive a car or a motorcycle, that you are extremely mindful of the others on the road around you. Car drivers should always be on the lookout for motorcyclists, especially in the spring, summer, and fall months when riders are out in greater numbers.

A skilled personal injury attorney will be able to research and analyze the motorcycle accident facts to determine who was at fault. An experienced personal injury lawyer will conduct an accident investigation and reconstructions if necessary to prove the fault of the accident to the insurance company. Remember, it is always better to hire an injury attorney to handle your motorcycle accident insurance claim then to try to handle your claim on your own; consultations are always free and you will not have to pay anything unless you win your claim.

The attorneys at Fellows Hymowitz P.C. have a record of success in handling a wide range of cases including serious injury claims. We bring the same individual commitment and dedication to each case, big or small. If you have been injured or sustained loss in any type of accident as a result of someone else’s fault call us for a free confidential consultation at 845-639-9300.

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