What Is the Most Common Type of All Motorcycle Crashes?
Motorcycle crashes can happen in a variety of different circumstances and often result in significant harm. As Charlotte motorcycle accident lawyers can tell you, they’ve seen accidents of all varieties, and it’s hard to say that one particular kind is more common than others. There are, though, several kinds of accidents that occur fairly regularly.
Common Types of Motorcycle Accidents
Most of the common forms of motorcycle accidents are the same accidents that are found in any type of car accident. Some of these include:
- Rear-End Collisions. Rear-end accidents might be the most common form of car accidents. These occur when a driver or rider has fails to realize that the vehicle in front of them has stopped or fails to leave enough room in case of a sudden stop. These have varying degrees of damage and danger depending on the force of the collision, but they can carry greater risk for those on motorcycles as there is a possibility of being thrown from their bike.
- Left-Turn Accidents. When an oncoming vehicle’s speed has been misjudged, it may turn into the oncoming traffic without leaving time for the other vehicle to adjust. Because there are fewer motorcycles on the road, some drivers may not recognize their speed as well, as it can look very different than a full-size vehicle traveling the same speed.
- Intersection Collisions. Running red lights, running stop signs, failing to yield, and making unsafe turns are all the kinds of issues that could lead to accidents at intersections. Again, this could be an elevated risk for motorcycles, which can sometimes be more difficult to see because of the smaller size.
- Speed-Related Accidents. Speeding can create a host of issues that can increase the likelihood of an accident, in particular, needing more road to come to a full stop and less time to react to something unexpected, such as a vehicle changing lanes. There is also a risk of a more severe accident when speeds are elevated.
- Dooring Accidents. These are accidents that can occur when a car parked along a side road suddenly has a door open because the occupant failed to check if anyone was coming behind them. These are more likely to happen in urban areas where there is more regular roadside parking. When the motorcycle rider is moving at a decent speed, it’s possible that they could be thrown from the bike.
- Lane-Changing Accidents. Vehicles moving lanes can be particularly dangerous for motorcycles as they could easily be side-swiped. This is why it’s important for riders to be aware of when they might be in another vehicle’s blind spot.
Q: How Is Fault Proven in a Motorcycle Accident?
A: If a motorcycle accident claim does end up going to court, it will be necessary for the plaintiff’s lawyer to prove that the defendant was at fault for the accident and injuries. This process will typically involve evidence from the accident as well as witness testimony. It also requires proving the three components of negligence with regard to the defendant. They are:
- Duty of Care. The defendant needs to have had a duty to behave responsibly and in a way that would not create excess risk of danger for others.
- Breach of Duty. The defendant must be shown to have failed to meet that duty of care in the situation where the accident occurred.
- Cause of Injury. The breach on the part of the defendant must be shown to be the direct cause of the accident and the injuries.
Q: What If a Rider Is Partially at Fault for the Accident?
A: North Carolina operates under a system of contributory negligence, which means that if a court finds that a plaintiff is also partially at fault for the accident, they may be barred from collecting any damages altogether. The risk of this happening is one of the reasons a settlement may be more appealing than going to court. However, if your case should go to court, your lawyer will need to be prepared to defend against these kinds of accusations.
Q: What Should Restitution After a Motorcycle Accident Cover?
A: The compensation for a motorcycle accident will cover only those costs that can be shown to be a direct result of the injuries that occurred as a result of the defendant’s negligence. These are generally paid in two forms of damages:
- Economic Damages. These damages address the costs from the accident that have a financial element, such as damage to the motorcycle, medical bills, and lost wages from having to miss work.
- Non-Economic Damages. These damages address those costs that are more psychological or emotional in nature, such as pain and suffering, PTSD, or mental anguish.
Q: How Long After a Motorcycle Accident Do I Have to File a Claim?
A: In most cases, a motorcycle accident personal injury claim will have to be filed to the court within the statute of limitations of three years. However, there could be some exceptions and variances to this deadline, so it’s important to talk with your Charlotte motorcycle accident lawyer to understand the timeline for your claim.
We Can Help Seek the Restitution That You’re Owed
A motorcycle accident can be a terrifying, traumatic experience that leaves a lasting impact. However, when the accident is the result of another party’s negligence, one of those lasting impacts should not be the financial impact of the accident.
According to the law, whoever was responsible for the accident owes you compensation for the medical bills, damage to the motorcycle, and lost wages. Additionally, you are also owed some restitution for the psychological and emotional impact of the accident as well. Although it can sometimes be difficult to get the restitution that you’re owed, working with the right team can often smooth out the process and see you getting fair compensation for your injuries.
At Ayers, Whitlow & Dressler, our Charlotte motorcycle accident lawyers are prepared to do what’s necessary to help you, whether that be negotiating a settlement or taking the claim to court if a fair agreement can’t be reached. If you’ve been hurt in a motorcycle accident, contact our dedicated team today.