Motorcycle Accident: When it’s Not Your Fault

Motorcycle Accident: When it’s Not Your Fault

Motorcyclists are reckless and don’t ride safely.

We hear that a lot and in most cases, it’s just not true.

Motorcyclists are constantly at risk from the environment and drivers around them.

The reality is that the road is a fast paced, constantly changing flow of dangers.

Whether it’s distracted drivers or poor road conditions due to someone else’s neglect, it’s clear that there’s more to meet the eye when it comes to motorcycle accidents and their injuries.

Heck, even the day of the time of day or the day of the week matters!

Rush hour is especially dangerous; with the majority of accidents involving motorcycles happening on Fridays between 5 and 6pm. Too many people are in a hurry to get home and start their weekend, putting riders at greater risk for an accident.

According to the Arizona Department of Transportation Crash Report, 3,189 of more than 210,000 motor vehicle accidents in Arizona involved a motorcycle, with 129 of those motorcycle accidents resulting in the rider’s death (2014).

Let’s take a look at two motorcycle accident scenarios that both result in serious (but fortunately not fatal) injuries for the rider.

Failure to Yield

A motorcyclist is obeying the rules of the road when a car driving in the opposite direction takes a left in front of the motorcycle. The car driver, not paying attention, fails to yield and strikes the motorcyclist.

The motorcyclist is sent over the handlebars and over the car, landing roughly on the pavement. An ambulance and the police are called. While the resulting injuries are extensive, fortunately they are not fatal. The motorcyclist did everything right but is still a victim because of the other person.

In this scenario, the motorcyclist may be awarded damages based in part on a police report citing the driver of the car for failing to yield the right-of-way.

And of course, the situation can be made worse if the driver is under the influence, driving erratically, or even when there are unforeseen road conditions (like debris).

Not all motorcycle accident cases are as seemingly clear-cut as this one.

Road Conditions

A motorcyclist is riding through a construction zone on the city streets before sunrise.

Signs are posted to stay in your lane and drive at no more than 40 mph. The motorcyclist is obeying the law but because it is dark he fails to see a large piece of concrete in the road.

Unfortunately, he hits the construction debris. The hard stop of hitting the concrete causes him to fly off his motorcycle and land on the ground moments before his motorcycle hits him.

As a result of the motorcycle accident, he suffers multiple broken bones and punctured lung. At the time of his case review he isn’t able to work full-time because of these injuries, making it hard for him to pay for the medical care he needs and to take care of his family.

In this case it’s clear that someone else is at fault but it’s hard to tell who is responsible. Is it the construction company? A subcontractor? Maybe a waste disposal provider?

No matter how you slice this example, there are many layers of responsibility that need to be addressed by an experienced law firm like Silkman Law.

Whether your case seems straightforward or complicated, don’t waste your time figuring who is responsible and what happened.

That’s our job.

When you call Silkman Law Firm about your motorcycle injury accident, we will review your case and make recommendations of how to proceed to get you the settlement you deserve.

If you or a loved one has been involved in a motorcycle accident, you need a free case review from Silkman Law Firm.

Contact us or call today at 602-535-5899
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2015-10-21T14:59:15+00:00 Oct 21st, 2015|Motorcycle Accident, Personal Injury Law|