Whether it is peddling your bicycle, or riding a motorcycle one thing that today we have come to terms with and have learned to live by is that of safety. When you get on your motorcycle you are riding to not only get from one point to another, but to truly experience and admire the world around us. Yet, as we all know in one way or another accidents happen whether we expect them to or not. However, when you get behind the wheel of a motor vehicle or driving a motorcycle it is important to take every aspect of safety into mind, right?

Recently, Tennessee is now considering the possibility of not enforcing motorcyclists to wear helmets when operating their vehicle. According to the proposed act drivers over the age of 21 will have the option of partaking or not in that of their own personal safety by either wearing a helmet or not. It is a well-known fact that when a driver does not wear a helmet they increase their risk of severe injury greatly, which can impact their life now and later.

With so many people being familiar with helmet safety and the risks that run with not wearing one the possible act has had many asking the question, “Why?” According to reports, lawmakers feel that helmet safety is an individual’s right to either participate in or not. They feel that there should not have to be a law to exist pertaining to that of an individual not showing initiative to participate in keeping themselves safe, especially on a motorcycle.

Other individuals have stated that the common knowledge of safety and wearing a helmet is known by most individuals and that if an individual feels that if they would wear a helmet with the laws that exist currently that they would continue to do so if one was not in place to protect themselves and their future. However, sometimes accidents do happen even when all the proper safety methods are practiced properly.

When you experience a motorcycle accident as the result of another individual’s recklessness and experience personal injuries and other issues you are entitled to damages for your accident. To get such damages awarded you need an experienced, and dedicated attorney that you can count on to not only fight for your case, but also your peace of mind.

Although all injuries can be potentially life-threatening few are as traumatic as spinal cord injuries which can literally transform the existence of the victim and their family, suddenly—and forever. The difficulties navigating what was once considered nothing more than an ordinary life can truly be unimaginable. Unfortunately, spinal cord injuries can be a common injury resulting from a motorcycle accident. Motorcycles have none of the protection that automobiles do—there is no steel cage, airbags and seat belt restraints to protect the body. If the motorcyclist is not wearing a helmet and protective clothing, then there is literally nothing to protect the fragile body from being slammed into a vehicle, a fixed object or the pavement. There are between 3500 and 4500 fatalities which result from motorcycle collisions each year, and over 80,000 are seriously injured. In fact, motorcyclists are as much as 37 times more likely to die in a crash and 8 times more likely to be injured than the occupants of a passenger vehicle involved in a crash.

The Trauma of Spinal Cord Injuries

Of the more than 11,000 cases of spinal cord injuries recorded annually in the United States, nearly half of those are the direct result of an automobile accident, and motorcycle accidents rank at the top. When the delicate spinal cord is damaged it can result in impairment or loss of bodily functions. This impairment can include paralysis, lowered or lost organ function and a decreased ability of the immune system to function properly leaving the body vulnerable to infection and disease. Should the spinal cord be totally severed total paralysis of the body below the point of the trauma is likely. Even if the spinal cord is not severed, if it is severely injured the victim can suffer numbness or tingling in different body parts, dizziness, severe and chronic pain, an increase in respiratory diseases, loss of sensation in various body parts and an inability by the body to properly regulate body temperature.

Expenses Related to Spinal Cord Injuries

For those who have suffered a spinal cord injury as a result of their motorcycle accident not only is the physical and emotional trauma resulting from the injuries severe, the expenses related to the injuries can be truly astronomical.  Spinal cord injuries are disabling and debilitating, and many of those who have suffered such an injury will require extensive medical care and personal assistance for the remainder of their lives. Those who suffer partial paralysis following a spinal cord injury can easily incur over $100,000 in injury-related expenses in the first year alone. For the victim who is fully paralyzed, those expenses in the first year can exceed $400,000. Remember, this is medical expenses alone. These estimates do not even factor in the costs associated with the victim’s lost income or the emotional cost of a lowered quality of life, depression and the inevitable burden on the victim’s personal relationships.

As you can see, the cost of a spinal cord injury can be overwhelming, and if you have suffered such an injury it’s important that you have an experienced personal injury attorney who has a solid background in motorcycle accidents and spinal cord injuries in your corner. You will be dealing with your injuries and the changes those injuries have brought to your life and you shouldn’t have to deal with a legal fight at the same time. A knowledgeable personal injury attorney will take those worries off your hands, and be a strong advocate in your corner to fight the legal battles that you simply may not be able to do during this difficult time. Although no amount of money could make up for the devastating changes to your future, your attorney will work hard to reach a settlement which fully compensates you not only for your medical expenses—both present and future—but for your lost wages as well as your pain and emotional trauma.  An experienced attorney will review your situation thoroughly and take legal action while you have the opportunity to begin to put your life back together.

As many as 90,000 motorcyclists are injured each year in collisions, and as many as 4000 are killed. The motorcyclist has very little protection in the event of an accident and can be severely injured. Unfortunately on top of the injuries sustained, the motorcyclist may have to deal with other issues in the aftermath of their accident. The police report in any accident is a very important component of your eventual settlement, and should you receive an obviously biased report it can significantly complicate the efforts to get what you deserve. Quite often policemen can have stereotypes in their mind regarding the “typical” motorcyclist, and those personal feelings can get in the way of an unbiased report. Should the case go to trial, juries can also have their own personal biases toward motorcyclists, preventing the injured cyclist from getting a fair legal shake.

Why Do Policeman Blame the Motorcyclist?

The policeman may assume the motorcyclist is to blame when the crash involves a car and a motorcycle simply because many people assume those who ride cruisers, such as Harley-Davidsons or Victories must be part of a biker gang. This preconceived—and usually untrue—notion is completely unfair to the motorcyclist and can get in the way of the officer compiling an accurate and fair report of your motorcycle accident. Even in cases where speed had absolutely nothing to do with the accident, the reporting officer may find you responsible if you were exceeding the speed limit only marginally.

Perhaps you were lane splitting—which is completely legal in some areas—and were hit by a careless automobile driver. Many times the officer will rely on the auto driver to estimate your speed, and usually the driver will overestimate. Unless the officer conducts a thorough investigation of the accident even measuring skid marks to calculate speed and reaction time, he is likely to rely heavily on the statements from the automobile driver rather than the motorcyclists. In some cases the driver of the automobile hits a motorcyclist through negligence or failure to properly look prior to making a left-hand turn or backing out, then simply leaves the scene of the accident, making it even more difficult to definitively prove your case and receive a fair settlement for your injuries and other damages.

What You Should Do

If you are on the receiving end of a biased police report or are facing a jury who feels all bikers are fast-driving, reckless and hard-living, you definitely need the services of a highly experienced personal injury attorney who has a solid background in motorcycle accidents in particular. Your attorney can challenge an obviously biased police report, and will understand how best to deal with jury stereotypes as well. Biases against motorcyclists can affect your ability to receive fair compensation following your collision and additionally many insurance policies fail to allow sufficient benefits to cover injuries of the catastrophic nature—which many motorcycle injuries are. Claims adjusters may also exhibit bias against the injured motorcyclist, making the assumption—wrongly—that the motorcycle rider was at fault.

Such blatantly biased assumptions can lead to unfair settlements. You need and deserve an attorney who will fight aggressively for compensation following your accident. You likely have an incredible amount of medical expenses to deal with, and these expenses may have even exceeded your policy limits meaning you are on the hook for huge amounts of money. You may have been unable to return to work for a period of time following your accident which means you have been without your normal income while the regular bills keep coming in. Finally, you have likely suffered both physical and mental pain as a result of an accident that may not have been your fault in the least. Don’t suffer on your own—let an experienced motorcycle accident attorney advocate on your behalf to get you the settlement you are entitled to.

Of course there will never be a motorcycle accident in which the motorcyclist benefits from being involved in the collision. Motorcycle riders typically are either seriously hurt or killed when they are involved in an accident with a vehicle, primarily due to the lack of protection afforded the motorcyclist. While the driver and passengers of a vehicle are somewhat protected in the event of a crash through the steel “cage” surrounding them as well as features in an automobile such as safety belts and airbags, the motorcyclist has none of this protection. The only protection the motorcyclist has in the event of a crash is his or helmet and any protective clothing which could potentially minimize the damage of a road rash injury.

Difficulties in Litigating Motorcycle Accidents

Due partly to the stereotypes many people have regarding motorcyclists, litigating a case in which a motorcycle was involved can be very complex, requiring special skills from the personal injury attorney. Many juries automatically assume that the motorcyclist must have been at fault in the accident based solely on the prevailing perception of motorcyclists as a group who take risks and drive too fast and too aggressively. In truth, the average age of the motorcyclist has risen dramatically, and the overwhelming majority of the motorcyclists on the road today are older baby-boomers who exercise the same level of caution on their motorcycle as they do in their vehicle.

In spite of this, over 5000 motorcyclists die each year as a result of a collision, and those who routinely use their motorcycle as a primary form of transportation are nearly 37 times more likely to die in a motorcycle accident than in a car accident.  Approximately 15% of all traffic accident deaths involve motorcycles, and while a third of these do involve error on the part of the motorcyclist the remainder are due to the other driver’s negligence or reckless behavior. A motorcycle accident may involve a variety of factors including the motorcycle itself, the other vehicle, the driver’s actions or responses along with road and weather conditions.

After the Accident

Almost twenty percent of motorcyclists who survive the collision will sustain serious brain trauma while another ten percent will suffer spinal cord injuries which can result in paraplegia or quadriplegia—life changing injuries. Almost another twenty-five percent will suffer a variety of other serious injuries including limb amputations, severe road rash which can lead to life-threatening infection, fractures, facial lacerations and permanent disfigurement. As you can see, the injuries sustained in a motorcycle accident can change lives forever even making the motorcyclist dependent on the care of others.

Your personal injury attorney will consider not only the obvious injuries, but also brain and spinal trauma, disabilities and the long-term effects of injuries. The emotional trauma associated with being involved in a crash can also be life-changing therefore your attorney must be totally aware of how such trauma has affected you and your family members. Most of those involved in a motorcycle accident will miss significant amounts of work, and in some cases will never be able to return to their former career.

Getting the Help You Need

The expert motorcycle accident attorney will understand that the mechanics of motorcycle operation and the dynamics of the accident itself are unique. The primary vehicle dynamics include accident avoidance while the secondary dynamics encompass the accident survivability. Your attorney must have a clear understanding of rider ejection and impact angles as well as what happens to the rider upon impact. As you can see, the aftermath of a motorcycle accident as well as the resulting litigation can be quite complex, requiring the services of a highly experienced motorcycle accident attorney.

As many as 5,000 motorcyclists are killed each year in accidents on U.S. roadways, and in a full 80% of all motorcycle accidents the motorcyclist suffers either death or severe, life-altering injuries. Motorcyclists suffer severe brain trauma, spinal cord injuries and a whole array of other serious injuries including road rash which can lead to life-threatening infection, limb amputation, fractures, lacerations and permanent disfigurement. While some motorcycle accidents can be attributed to rider error, others to negligence or reckless behavior on the part of the driver of the automobile, still others involve defective equipment.

In many cases police reports blame the motorcyclist when in fact the actual responsibility for the accident lies with the manufacturer of a defective component or product. Motorcycle riders can end up being victimized by defective equipment at the same time they are dealing with the injuries sustained from the accident. Finding an experienced personal injury attorney with a background in motorcycle accidents and product liability can be the most important decision you make following your accident.

Types of Defective Motorcycle Equipment

There are many potential defects in motorcycles and motorcycle equipment including defects in the motorcyclist’s helmet, failure of the motorcycle tires resulting in a deadly blowout, brake or shock absorber failure, stuck throttles, improper dealer assembly, defective pedals, toe clips or chains and faulty wiring, fuel lines and headlights. Since there is no safety equipment to protect the motorcyclist from the hazards of the road such as airbags and seat belts in automobiles, defective motorcycle parts which lead to an accident can cause the motorcyclist’s body to absorb the majority of the impact.

A knowledgeable motorcycle accident attorney is aware that it takes aggressiveness and a full understanding of the motorcycle accident dynamics to force insurance companies to take the accident seriously and to prevail at trial. Fault must be definitively proven which can require automotive re-constructionists as well as experienced engineers in order to properly analyze the specific motorcycle design. Your attorney must also have a solid understanding of Federal safety regulations as they apply to motorcycle accidents. The motorcycle accident attorney must also be aware of and overcome the stigma attached to motorcyclists by others. Many times a jury assumes the accident was the motorcyclist’s fault based on nothing more than an erroneous stereotype of the biker as a speeding and reckless driver on the road.

Manufacturers have an obligation to consumers to ensure the safety of their products. When a motorcycle part or system turns out to be faulty, and causes a serious accident, the manufacturer must take responsibility for any damages suffered by the victim in the collision. Should a motorcycle helmet turn out to be defective, failing to protect the rider at a crucial moment, then the manufacturer of the helmet must be held accountable. From helmets to leathers, motorcyclists rely on their protective gear to be their defense in the event of a motorcycle accident and if these items fail to work as expected, the life and future of the motorcyclist are at serious risk. By the same token, when one part of the motorcycle fails to work properly, it puts the entire bike—and the rider—in serious jeopardy.

Why You Need a Motorcycle Accident Attorney

The serious injuries suffered by most motorcyclists in an accident can lead to extensive medical expenses, expenses for long-term physical therapy and rehabilitation, property damage done to your motorcycle, present and future lost wages, emotional pain and suffering and all future medical needs. Your motorcycle accident attorney will work hard to obtain maximum compensation for your injuries, and will not shy away from a product liability case should the failure of your equipment be determined as the cause of your accident. Product liability cases must be proven carefully as they can be quite complicated.