Archive for February, 2012
Wednesday, February 29th, 2012
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.
Tuesday, February 28th, 2012
Driving is a part of life that we participate in everyday. We drive to place-to-place making sure that we complete our daily tasks whether it is going to work or school, running errands, or just to get groceries. However, when your work is on the road as a truck driver you have a responsibility not only to other pedestrians, but also more importantly to yourself and your vehicle. One aspect that is true whether you are an individual driving a motor vehicle or an 18-wheeler truck is that accidents happen whether it is your fault or not.
When driving a truck and an accident occurs it is important to take everything into mind before, during, and after the accident occurs. Today, liability is a big aspect of an accident and impacts how much you are paying in damages to the other party that participated in the accident. Usually, liability is put on the driver of the vehicle that causes the incident to occur in the first place. In some instances, such as that of a bus, passengers of such vehicles are able to place the liability on that of the driver as well as possibly placing it on the motor vehicle transportation company as well.
However, accidents are accidents, and no one intentionally is trying to cause an accident to occur. When an accident occurs it is important to get witnesses involved as well. In some cases accidents happen because of health related incidents. In one case, a trucking accident occurred as a result of a man sneezing and hit a vehicle, but caused more damage to his truck and health than anything or anyone else. In this instance, the man was not charged with anything and just had to pay for the damages of the other party’s vehicle as a result of having witnesses on hand and their testitmony.
In the times we live in today though it is not unimaginable for some people to take advantage of accidents and attempt to falsify injuries, damages, and much more in order to simply get a dollar. If an accident does occur make sure that you get a dedicated, and experienced lawyer to help defend you. When a trucking accident case is taken to court make sure to present all information, witnesses and make sure that both parties have their medical evidence and damage expenses documentation in order to make evidence solidified rather than have an assumed position in order to get an edge over the other.
Monday, February 27th, 2012
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.
Friday, February 24th, 2012
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.
Thursday, February 23rd, 2012
Truck collisions—like motorcycle collisions—can be among the most dangerous and deadly on the road. Due to the sheer size of a commercial truck—which can weigh as much as 80,000 pounds fully loaded—the passengers in the smaller vehicle often suffer extreme injuries or even death. Over half a million truck collisions occur every year, resulting in over 5,000 deaths for those in passenger vehicles. The people who survive such a traumatic crash are often left with severe, long-term injuries and changes to their lives which could be temporary or permanent. If you have been one of the unfortunate people who have sustained serious injuries as the result of a trucking accident, you may wonder whether or not you should sue.
What Causes Trucking Accidents?
Perhaps one of primary considerations when deciding whether to file suit is whether your accident was a direct result of negligence, whether on the part of the truck driver, the trucking company, or the manufacturer of the truck. Because there are potentially several different defendants in truck collision cases, they can be much more complex. Perhaps the driver directly caused your accident through negligence. Many times drivers stay on the road long past the point when they are truly exhausted. Drivers get paid by the mile, and if they are not on the road they are not getting paid. Even though federal law mandates that truckers must take a rest break following eleven hours behind the wheel, in reality many drivers skirt those rules—and many trucking companies look the other way and allow them to do so.
After all, the trucking company’s financial bottom line depends on how quickly the loads reach their intended destination. Because of this, truck drivers often get behind the wheel when they are exhausted, and accidents can occur as a result. Truck drivers are also subject to the same distractions that all drivers are subject to. They may be eating while driving, watching something taking place on the side of the road, talking to a passenger, fiddling with the radio or GPS or simply “zoning out,” rather than focusing their full attention on the road and the drivers around them. The trucking company may be deemed the negligent party in your accident if they did not properly train their truck driver or knew the driver was exceeding their allowable hours behind the wheel and did nothing to prevent it. In some cases, the cause of the trucking accident could be due to faulty brakes, tires, or other components of the truck. If this is the case, then the party responsible for maintaining the truck could be held accountable for your accident.
How Your Injuries May Change Your Life
Depending on the severity of your injuries from the trucking accident, you may have weeks, months, or even years of medical treatments and rehabilitation ahead of you. You may have lost considerable amounts of work due to the accident meaning your family has been without the benefit of your regular income. If your injuries were especially severe, your insurance limits may have been reached, and you may find yourself responsible for huge amounts of expense with no way to pay the bills. Additionally, you have to deal with the damages to your vehicle as well as the emotional pain and trauma which can result from such an accident. Even if you are a person who feels like you shouldn’t sue for an accident, it could be a good idea to speak with an experienced personal injury attorney who can offer you a different perspective on your unique situation. A lawsuit is not necessarily a vengeful act, rather simple a way of ensuring that the person or entity responsible for your accident and injuries pays what is fair to compensate you and allow you to attempt to put your life back together and plan a future. A personal injury attorney with a background in trucking accidents will be able to present you with the entire picture so you can make a reasonable decision about whether to pursue a lawsuit.
Wednesday, February 22nd, 2012
When large, commercial trucks are required to navigate wide turns, it requires the driver to swing out in the opposite direction in order to successfully complete the turn. When the truck makes that outward swing, it can inadvertently crowd the car beside it into the curb, or, because of the blind spots a trucker must deal with, could sideswipe a much smaller vehicle while navigating the turn. These swinging turns are one of the many reasons trucking accidents occur.
Other Causes of Trucking Accidents
Other reasons truck collisions occur include exhausted truckers, distracted driving on the part of the trucker or the other vehicle, blind spots the trucker must deal with, or even manufacturing defects in the components of the truck. In fact, according to statistics compiled by the NHTSA, as many as 30% of the tires on the trucks on the road today would not pass speed, endurance or safety tests. Brake failure is another common cause of trucking accidents, whether they have not been properly maintained or are defective. Brake failure could also be due to improper loading or stopping suddenly at an excessive rate of speed. Truck drivers must be familiar with the proper braking techniques or accidents could be more likely to occur.
Truckers often drive while overly tired simply because they only get paid when they are on the road, delivering loads. The trucking companies who employ the drivers will often turn a blind eye when they know their employees are putting in more time behind the wheel than they should because their financial bottom line depends on getting loads to their destination in a timely manner. Overloaded or improperly loaded trucks can be responsible for trucking accidents when the cargo slides off the truck and onto the roadways, creating a major hazard for others who share the road. In some cases an under-ride collision can occur when the truck does not have a properly installed under-ride bar which prevents the smaller vehicle from going under the truck, shearing off the top of the vehicle and causing devastating injuries or death.
Statistics Regarding Trucking Collisions
Over five thousand people are killed each year in an accident involving a truck, with 98% of those being passengers in the smaller vehicle which collided with the truck. Of the half a million annual truck accidents—including minor accidents—nearly a hundred thousand people are left with quite serious injuries. While it would seem logical that more trucking accidents would occur in the more heavily congested city areas, in fact as many as seventy percent of all fatal truck accidents happen in rural areas. The majority of trucking collisions happen during the day, and over eighty percent occur on the weekend. Texas currently holds the record for the highest number of truck accidents which resulted in a fatality with Florida and California following closely behind.
Whatever the cause of your trucking accident, it is likely that you have been left with huge medical expenses, lost income and possible emotional pain and trauma. In fact, your entire life may have been changed by the negligence of the truck driver, trucking company, or trucking manufacturer. Trucking accidents can be very complex due to the possibility of multiple defendants, making it even more important to carefully choose your personal injury attorney. Ensuring your attorney is highly experienced in trucking accidents will give you much better odds at a fair settlement. Your personal injury attorney will be an advocate on your behalf and will aggressively investigate your accident in order to definitively prove the party at fault. You deserve the chance to heal without being under constant stress regarding your expenses and the legal issues surrounding your accident. Call a knowledgeable personal injury attorney today to help you navigate this difficult time in your life.
Tuesday, February 21st, 2012
We’ve all seen the driver on the highway who is talking on their cell phone, or even worse, texting on their phone, totally oblivious to those around them. Imagine if that person texting on their phone was a truck driver, behind the wheel of a loaded, 80,000 pound vehicle which could crush those smaller vehicles around them in the blink of an eye. This is a pretty scary thought, and thankfully the Department of Transportation agrees. The FMCSA issues a regulation in October of 2010 which banned operators of commercial vehicles from texting while behind the wheel, and imposed stiff penalties for those who ignore the ban. Drivers of commercial vehicles who text while driving could face fines as high as $2500, while their employers can be fined as much as $11,000. In addition, the driver who is found texting rather than paying attention to those around them could lose their CDL license for up to four months.
What Led to the Texting Ban for Truckers?
The result of distracted truck drivers was extensively studied by the United States Department of Transportation. Distracted drivers were found to take their eyes from the road for over four out of every six seconds. At a speed of 55 mph, a distracted driver can travel the length of a football field without ever looking at the road. There are three distinct forms of distraction: visual, physical and cognitive. Visual distractions occur when you physically take your eyes off the road. This can happen when the driver is looking down at the radio as he changes stations, or, in the case of texting, when the driver is looking at the screen of the phone.
Manual distractions occur sometimes simultaneously as the driver is eating, drinking, changing the radio, or operating the keyboard on a cell phone. Whatever the manual or visual distraction, the hands are not on the wheel and the eyes are not on the road. The final type of distraction is a cognitive type which involves taking your mind off the task at hand, which in this case is driving and watching the traffic around you. Cognitive distractions can be the most dangerous type however texting involves all three types of distractions making it particularly hazardous. The person who is distracted in any of these ways, or in a combination of them simply does not have the same reaction time as the person whose mind, hands and eyes are on the task at hand.
The Risk of Truckers Texting or Talking While Driving
The Department of Transportation found that when truck driver’s engage in texting they pose a significantly higher safety risk to those around them than with any other form of distraction. In fact, drivers who text while behind the wheel are 23 times as likely to cause an accident or be involved in an accident. The ban on texting includes not only texting on personal phones, but also receiving or sending messages through on-board computer dispatching systems or laptops. In other words, whether it is for business or pleasure, when a truck driver slides behind the wheel, texting is off-limits. The DOT went a step further, and in January of this year banned truckers from talking on a cell phone without a hands-free device. This came as a result of statistics which showed in 2009 alone over 5,000 people died in trucking accidents involving a distracted truck driver.
What to Do If You Have Been Involved in a Trucking Accident
If you or someone in your family has been involved in an accident which was caused by a distracted truck driver, you need serious legal intervention. Trucking accidents are particularly complex due to the fact that there can be several defendants who can be considered negligent or at fault. Don’t try to muddle through the legal system on your own, rather retain the services of an experienced truck accident attorney who can be your advocate while you focus on your injuries and putting your life back together.
Monday, February 20th, 2012
If you have been injured in a trucking accident it is likely that you are not only injured—possibly seriously—but you are probably also reeling from trying to decide how to proceed with a potential lawsuit. At this very stressful time it can be a huge relief to turn all our worries over to a personal injury attorney who has extensive experience in trucking accidents specifically. Each year over four thousand people are killed as a result of a trucking accident, with approximately 600 of those being the driver of the truck, four hundred being pedestrians or bicyclists, and the remainder being those in the passenger vehicle which collided with the truck.
Recovery from Trucking Injuries
Injuries from truck accidents amount to well over 90,000 per year, with many of those injuries being extremely serious. A large, loaded commercial truck weighs as much as 80,000 pounds, and when something of that size and weight hits a passenger vehicle which weighs less than 5,000, the results are usually traumatic. Many of those injured in a trucking accident will spend months or even years recovering from their injuries, and some will end up partially or totally disabled. Medical expenses can mount alarmingly, and some victims of a trucking accident will find that their insurance limits are exceeded, leaving them responsible for very large medical bills.
Emotional Aspect of Trucking Accidents
Those who are injured severely in a trucking accident will also likely miss a considerable amount of work, and in some cases may never be able to work again. This means that in addition to the skyrocketing medical expenses, there may no longer be a regular paycheck coming into the home, leaving critical bills unpaid. Finally, there is the emotional aspect of your trucking accident; many people suffer severe psychological trauma following a trucking accident, and deserve to be compensated for their emotional pain and suffering as well as for expenses and damages. It can be almost impossible, however, for you to concentrate on getting better after your trucking accident and dealing with the legal issues at the same time.
Hire an Experienced Trucking Attorney
Truck accidents are quite different from car collisions, requiring an attorney who is well-versed in this area of personal injury law. Proving liability and damages as well as determining who the defendants are can be quite complex, requiring an attorney who understands the complexities. There are several potential defendants in your case, including the truck driver, the company he or she works for, the manufacturer of the truck or truck parts, and the person responsible for regular maintenance on the truck. The trucking company may be liable for the actions of the truck driver, depending on the circumstances and whether or not the trucker was performing duties clearly within the scope of his or her employment.
Your attorney will also thoroughly investigate what the truck driver was doing immediately prior to the accident. The investigation will determine whether the truck was properly maintained, loaded and inspected, whether the driver had the proper licensing and training and whether the driver was physically or mentally impaired at the time of the accident. If the truck or a truck part was responsible for the accident then your attorney may initiate a product liability claim on your behalf as well as separate suits against the company or driver. Driver fatigue is a leading cause of trucking accidents, therefore your attorney will carefully examine the driver’s logbooks in order to determine if he or she was following laws which limit how long truck drivers are on the road between their required rest periods. If you have been injured by a truck driver, it is important that you find a qualified attorney to handle your lawsuit while you focus on your future.
Friday, February 17th, 2012
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.
Thursday, February 16th, 2012
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.