Motorcycles provide riders with a feeling of freedom. But the vehicle’s very nature that fuels that feeling also leave riders prone to fatal injuries.
Statistics from the National Highway Traffic Safety Administration (NHTSA) indicate that motorcyclists are almost thirty times more likely to experience a fatal crash than those in a passenger vehicle per mile traveled.
A study released in conjunction with Motorcycle Safety Awareness Month 2022 – found that the number of fatal motorcycle crashes nationwide jumped by 11% between 2019 and 2020. This is more than double the increase among all fatal crashes from 2016 to 2020, the latest year of available data.
Accident Causation
Factors taken into consideration when analyzing the cause of a vehicular accident include the driver, the roadway, and the vehicle.
Negligent drivers
In two-thirds of motorcycle accidents involving another vehicle, the driver of the other vehicle violated the motorcycle rider’s right of way and caused the accident. Negligent driving occurs when a motorist fails to uphold their duty of care to keep others on the road reasonably safe from harm. This can manifest itself in a variety of situations including:
- distracted driving
- reckless behavior behind the wheel
- driving while intoxicated
- ignoring traffic signs and signals
- changing lanes without signaling
- carelessness when backing up, turning, or entering a roadway
Road defects
Among the many road conditions that can result in a serious motorcycle accident are:
- potholes
- flawed road design and maintenance
- poor and inadequate drainage
- ruts or depressions on the road
- poor lighting
- insufficient or misplaced warning and road signs
- absence of or malfunctioning traffic signals
- faded centerlines and road markings
- lack of reflective markers
- missing guardrails
- debris on the road
- shoulder drop-off
- overgrown vegetation
Defective vehicles
Motorcycle accidents are not always the result of a negligent person on the road or an unsafe road condition. In some instances, the responsibility lies with the manufacturer, usually in the form of a design or production defect. For example, a design defect may result in the motorcycle wobbling at high speeds. A flawed production process may lead to defective welds that allow dangerous leaks from the gas tank.
Injuries
Injuries sustained in motorcycle crashes are often life-altering or life-threatening. They can include:
- traumatic brain injuries
- paralysis
- organ damage
- internal bleeding
- facial disfigurement
- head, neck and spinal cord injuries
- shattered bones
- severed limbs
Defendants
Depending on the circumstances, there may be a number of potential defendants in a motorcycle accident lawsuit. They include the driver who caused the accident, the motorcycle manufacturer, and the governmental entity responsible for the road on which the accident occurred. It is important to note, however, that governmental agencies enjoy certain immunities.
Compensation
An injured motorcyclist can seek damages (compensation) for:
- medical expenses
- loss of income
- pain and suffering
- diminished quality of life
- pain and suffering
- disability or disfigurement
- loss of consortium
In the event that the motorcyclist is fatally injured in the accident, the family may seek damages, including funeral and burial expenses.
If you’re a motorcycle rider who has been injured due to an accident caused by someone else, call Comitz Law at 570-829-1111 or email info@comitzlaw.com.