Determining whether a motorcycle has the right of way involves understanding traffic laws and paying close attention to road signs and signals. Generally, a motorcycle has the right of way when other types of vehicles do, such as when travelling straight through an intersection, on a main road, or when they have a green light. Moreover, when other drivers violate traffic laws and cause a collision with a motorcycle, those drivers may be responsible for the resulting injuries and damages.
If you sustained injuries in a motorcycle crash resulting from another motorist’s negligence, an experienced Edmonton motorcycle accident lawyer can handle every step of the process. Your lawyer can gather the evidence necessary to prove your case, aggressively negotiate with insurance company representatives on your behalf, and pursue the full compensation you deserve.
How do Other Drivers Cause Motorcycle Accidents?
Motorcycle accidents often happen due to other drivers’ negligence. One common cause of motorcycle accidents is drivers failing to check their blind spots before changing lanes. Motorcycles are smaller and harder to see, so if drivers don’t thoroughly check their blind spots, they can easily sideswipe a motorcycle. This type of accident often results in the motorcyclist losing control and crashing.
Another frequent cause is when drivers make left-hand turns without noticing an oncoming motorcycle. Drivers may misjudge the speed or distance of the motorcycle or not see it at all due to its smaller size. This can lead to a collision where the motorcycle crashes into the side of the turning vehicle, often causing severe injuries to the rider.
Rear-end collisions are also a significant risk for motorcyclists. These accidents occur when a driver follows too closely or becomes distracted and fails to stop in time. Because motorcycles have less protection than cars, even a minor rear-end collision can throw the rider from their bike, leading to serious injuries.
In some cases, drivers may not give motorcyclists enough space on the road. For example, when a car passes a motorcycle too closely, it can cause the motorcyclist to swerve or lose control, potentially leading to a crash. Similarly, drivers who cut off motorcyclists when merging or changing lanes can force the rider to make sudden maneuvers, increasing the risk of an accident.
Running red lights or stop signs is another dangerous behaviour that leads to motorcycle accidents. When drivers ignore traffic signals, they may crash into a motorcyclist who is lawfully passing through the intersection, often resulting in a T-bone collision. These accidents are particularly hazardous for motorcyclists, given their lack of protection compared to car occupants.
Finally, drivers who are under the influence of drugs or alcohol are a major threat to motorcyclists. Impaired drivers have slower reaction times and poor judgment, which increases their likelihood of causing an accident. Whether through speeding, reckless driving, or failing to see the motorcycle, their negligence can lead to devastating consequences for motorcyclists.
Frequent Injuries in Motorcycle Crashes
Motorcycle riders are at a higher risk of suffering severe physical and mental injuries in an accident compared to drivers of other vehicles. The lack of a protective barrier around motorcyclists makes them particularly vulnerable when collisions occur.
- One of the most common physical injuries in motorcycle accidents is road rash. This injury occurs when a rider is thrown from their bike and slides across the pavement, causing severe abrasions to the skin. While road rash may sound “minor,” it can lead to serious complications such as infections, nerve damage, and permanent scarring.
- Fractures and broken bones are also frequent injuries in motorcycle accidents. When a rider is thrown from their bike or another vehicle strikes them, the collision can cause significant force on their body, leading to broken arms, legs, ribs, or collarbones. These injuries often require extensive medical treatment, including surgeries and long recovery periods.
- Traumatic brain injuries (TBIs) are among the most serious consequences of motorcycle accidents. Even with a helmet, the force of a collision can cause the brain to move within the skull, leading to bruising, bleeding, or swelling. TBIs can result in long-term cognitive issues, memory losses, and emotional disturbances, significantly affecting the rider’s quality of life.
- Spinal cord injuries are another grave risk. The force of a motorcycle crash can damage the vertebrae or spinal cord, potentially leading to partial or complete paralysis. These injuries can be life-altering, often requiring lifelong care and rehabilitation.
- In addition to physical injuries, motorcycle accidents can lead to severe mental health challenges. Post-traumatic stress disorder (PTSD) is common among motorcycle accident survivors. The trauma of the accident, combined with the physical pain and long recovery process, can lead to anxiety, depression, and flashbacks. Riders may also experience a fear of riding again, which can affect their sense of independence and freedom.
The seriousness of these injuries is often due to the lack of protection that motorcycles offer compared to cars. Without seat belts, airbags, or the structural protection of a vehicle, motorcyclists are directly exposed to the forces of a crash. This vulnerability makes even low-speed accidents potentially devastating, with long-term consequences for the rider’s physical and mental health.
Proving that Another Driver was Negligent in a Motorcycle Crash
Proving that another driver was at fault for your motorcycle accident is crucial for recovering compensation for your injuries and damages.
- The first step in proving fault is gathering evidence from the accident scene. This includes taking photographs of the vehicles involved, the road conditions, and any visible injuries. If there were witnesses, obtaining their contact information and statements is important, as their accounts can support your claim. Additionally, if the police responded to the accident, obtaining a copy of the police report is essential. This report often contains the officer’s observations and any citations issued, which can be strong evidence of the other driver’s fault.
- Next, you must establish that the other driver owed you a duty of care. All drivers have a legal responsibility to drive safely and follow traffic laws to avoid causing harm to others on the road. The other driver owes you this duty by simply being on the road.
- The third step is proving that the other driver breached this duty of care. A breach occurs when the driver fails to act as a reasonably prudent person should under similar circumstances. Examples of breaches include speeding, running a red light, failing to yield, or driving under the influence of alcohol or drugs. You can prove this breach with evidence like traffic camera footage, witness testimony, or the results of a breathalyzer test.
- After proving that the driver breached their duty of care, you must show that this breach directly caused the motorcycle accident and your injuries. This means demonstrating that the accident would not have happened if the other driver had not been negligent. Medical records, vehicle damage assessments, and expert testimony can help link the other driver’s actions to the accident and your resulting injuries.
- Finally, you must prove that you suffered damages due to the accident. Damages can include lost earnings, pain and suffering, and emotional distress. By providing documentation of these expenses, you can strengthen your claim and justify the compensation you seek.
Successfully proving that another driver was at fault requires careful documentation, credible evidence, and a clear connection between the driver’s negligence and your injuries.
How Much Is My Motorcycle Accident Case Worth?
Several factors determine the ultimate value of your motorcycle accident claim or lawsuit, and understanding these factors is key to figuring out how much your case is worth. One of the most significant factors is the severity of your injuries. The more serious and long-lasting your injuries are, the higher the potential value of your claim. Severe injuries that result in permanent disability, scarring, or loss of mobility often lead to higher compensation due to the significant effects they have on your life.
Another important factor is lost earnings. If your injuries prevent you from working, temporarily or permanently, you can seek compensation for your lost income. This includes not only the income you’ve missed out on while recovering but also any future earnings if your injuries prevent you from returning to your previous job or pursuing your career.
Pain and suffering is another critical component of your motorcycle accident claim. This refers to the physical pain, emotional distress, and overall loss of enjoyment of life that you experience due to the accident. For instance, if your injuries cause chronic pain, anxiety, or depression, or if you can no longer participate in activities you once enjoyed, you may be entitled to compensation for these non-economic damages. Pain and suffering are often more subjective and can vary greatly from case to case, but they can significantly increase the value of your claim.
The at-fault driver’s level of negligence also plays a role in determining the value of your claim. If the other driver’s actions were particularly reckless or showed a blatant disregard for safety, you may be entitled to recover punitive damages. These damages punish the wrongdoer and deter similar behaviour in the future.
Finally, the strength of your evidence can influence your claim’s overall value. A well-documented case with clear evidence of fault and well-established damages will likely result in a higher settlement or verdict. A skilled lawyer can effectively negotiate with insurance companies or present your case in court, maximizing your potential compensation.
By carefully considering these factors and working with an experienced lawyer, you can better understand the potential value of your motorcycle accident claim and ensure you receive the fair compensation you deserve.
Will my Motorcycle Accident Case go to Court?
Whether your motorcycle accident case will go to trial depends on several factors.
One primary factor is the willingness of both parties to settle. Most motorcycle accident cases are resolved through settlements rather than going to trial. A settlement is an agreement between you and the at-fault party’s insurance company or their legal representatives to resolve the claim without going to court. This is often preferable because it can save time, reduce legal costs, and avoid the uncertainty of a trial. If both parties can agree on a fair amount of compensation, your case will likely settle out of court.
However, if the insurance company offers a settlement that you find unacceptable or if there are disagreements about the extent of the damages or the degree of fault, your case may proceed to trial. In such situations, it’s often because negotiations have broken down, and the parties cannot reach a satisfactory agreement.
Another factor influencing whether your case will go to trial is its complexity. If the case involves complicated legal issues, such as significant disputes over fault or extensive evidence, it may be more likely to go to court. Similarly, if the damages are substantial and the insurance company disputes the amount, a trial may be necessary to resolve these issues.
The strength of your evidence also plays a crucial role. If you have strong evidence that clearly supports your claim and proves the other party’s liability, you should secure a favourable settlement without going to trial. Conversely, if the evidence is contested or not as compelling, the case may proceed to trial for a judge or jury to decide.
Ultimately, whether your motorcycle accident case goes to trial depends on the negotiations, the complexity of the case, the evidence, and your lawyer’s approach. Understanding these factors allows you to prepare for the possible outcomes. While getting compensation sooner is usually preferable, waiting and taking additional legal steps may be necessary to achieve your desired outcome.
Speak with a Motorcycle Accident Lawyer about Your Case Today
If you sustained injuries in a recent motorcycle collision, a skilled motorcycle accident lawyer can handle every step of the process for you. Your lawyer may contest any liability disputes in the case, take legal action on your behalf, and fight for the compensation you deserve, either through settlement or litigation.
Consultations are free, so you have nothing to lose by speaking with a Edmonton personal injury attorney now.
