Boston Mototcycle Accident Lawyer

By Willy Smite

Tuesday, April 12, 2005

Motorcycle Accidents - Motorcycle Injuries

Motorcycles have become an increasingly popular method of transportation over the last 10 years; more than 700,000 motorcycles were registered nationwide in 2000 compared with 300,000 in 1990. Even though there has been a dramatic increase in the number of "new" riders (many over the age of 40) the fact still remains that over 80% of multi-vehicle accidents involving motorcyclists are not the rider's fault.

Crashes involving motorcycles result in more catastrophic injuries such as quadriplegia, traumatic brain injury and death. Often motorcycle riders are left with permanent injuries, astronomical medical bills and lifelong emotional damages as a result of another driver's negligence.

If you've been involved in an accident, you have the right to file a claim against a negligent driver if you can prove 3 things.

Negligence - The driver failed to use due care when operating his automobile.

Causation - The negligence of the driver caused the accident.

Damages - You suffered damages as a result of the accident.

You will often be able to file a claim that includes any property damage as well as physical damage such as pain and suffering. You may also be able to claim any future losses; and in some cases, if the negligent driver was malicious (drunk driving, willful, etc.), you will be able to make a claim for punitive damages.

Even if you are injured in a "single vehicle" accident, you may also be able to recover your damages. You have the right to expect that your motorcycle and motorcycling equipment designers and manufacturers will provide you with a safe product, and even though they may argue that "you should have known the risk when you purchased the product", they are liable for any damages that you sustain resulting from a defect.

In order to establish a claim against them, you generally must prove the following:

The product was, in fact, in a defective condition.

The defect existed prior to the manufacturer releasing it.

The defect caused your damages.

Additionally, a product (although designed and manufactured properly) may contain parts that could result in an injury if used incorrectly. In that case, the marketer of the product must inform the consumer of any potential hazards. If the manufacturer markets a product knowing that there are possible dangers, and does not notify the consumer, the manufacturer is liable.

Motorcycle riders must complete motorcycle safety training courses in most states (Team Boston offers an excellent course) and riders are trained to be aware of road conditions, but local governments also have a responsibility to provide safe roads and to adequately point out any abnormalities such as construction, loose gravel, etc. If you have gone down due to unsafe roads, you may be able to file a claim against the government provided that you can prove that they were negligent (failed to warn you), that their negligence caused your accident, and that you suffered damages as a result of their negligence. In cases of this nature, it is extremely important that you document the scene and notify the government agency immediately.

Always ride with a camera. Take pictures of the scene and get statements from any and all witnesses that will collaborate the date, time of day, road conditions, etc. and document such things as weather conditions, type of road, speed of travel, and so on. The defendants' attorneys will try to establish that some other factor contributed to the accident and you must be prepared to refute that.

It is also your obligation to look out for your fellow motorcyclists. If you encounter any hazardous road conditions that may be injurious to you and your fellow riders, it is your duty to inform your jurisdiction (in writing and verified!) that there is a hazardous road condition that must be corrected. Once they have been informed, they are responsible to correct the problem immediately. If they don't, and their negligence results in an accident, they may be liable for damages.

Bikers consider riding a motorcycle as a lifestyle and sport that non-riders will never comprehend, but motorcycling does not come without risks. Over 80% of injuries to motorcyclists involved in multi-vehicle accidents are the fault of the other driver and, even though you may have adequate insurance coverage, the responsible party may not.