Motorcycle Accidents: Types, Causes, and Legal Steps

Motorcycle accidents, though often preventable, are an unfortunate reality for many riders. Understanding the types of accidents, their causes, and the legal steps to take afterward is crucial for motorcycle safety and rider protection.

Types of Motorcycle Accidents

Motorcycle accidents can be categorized into several types, each with unique characteristics and risk factors:

  1. Head-On Collisions:

    • These occur when a motorcycle and another vehicle collide front-to-front. They are often the most fatal due to the combined speed of both vehicles.
  2. Left-Turn Accidents:

    • These happen when a vehicle making a left turn crashes into an oncoming motorcycle. Drivers often misjudge the speed and distance of the motorcycle, leading to a collision.
  3. Rear-End Collisions:

    • These occur when a vehicle hits a motorcycle from behind, often due to sudden braking or the vehicle following too closely.
  4. Lane-Splitting Accidents:

    • Lane-splitting, or riding between lanes of slow-moving or stopped traffic, can result in accidents due to the narrow space and the potential for sudden lane changes by vehicles.
  5. Single-Motorcycle Accidents:

    • These involve no other vehicles and are often caused by loss of control, hitting an obstacle, or skidding on slippery surfaces.
  6. Side-Swipe Accidents:

    • These occur when a motorcycle and another vehicle are traveling parallel and one vehicle swerves into the other, often during lane changes.

Causes of Motorcycle Accidents

Various factors contribute to motorcycle accidents, with some being more prevalent than others:

  1. Driver Negligence:

    • Car drivers failing to notice motorcycles due to their smaller size, misjudging their speed, or driving distractedly are common causes.
  2. Speeding:

    • Both motorcyclists and car drivers who speed reduce their reaction time, increasing the likelihood of an accident.
  3. Alcohol and Drug Use:

    • Impairment from alcohol or drugs significantly hampers the rider’s ability to operate the motorcycle safely and react to road conditions.
  4. Road Conditions:

    • Poorly maintained roads, potholes, and debris can cause motorcycles to lose control.
  5. Mechanical Failures:

    • Issues like brake failure, tire blowouts, or other mechanical problems can lead to accidents.
  6. Weather Conditions:

    • Rain, snow, fog, and ice can make roads slippery and reduce visibility, increasing the risk of accidents.

Special Rules for Motorcycle Drivers

Motorcycle riders are required to abide by all traffic rules. There are also special rules and laws that bikers need to follow. These rules are designed to keep the rider safe. They are also meant to help prevent motorcycle crashes.

One of the most important rules for bikers is that they wear a helmet at all times. This will be discussed in more detail below.

Many states have additional laws that motorcycle riders must abide by. Some of these include:

  • Only one passenger can ride on the bike at any given time
  • Passengers must wear a helmet at all times
  • Riders must also wear protective eye gear and appropriate footwear
  • The rear passenger must have a separate seat from the driver
  • All passengers must face forward at all times
  • Motorcycle riders must keep their front and rear headlights on at all times

If you are in an accident and are not in compliance with your state laws, the police will likely issue a ticket. In addition, the other driver's insurance company may argue that your non-compliance constitutes negligence. They can use this in an effort to deny your insurance claim or settle for a much lesser amount.

Helmet Laws

All but three states have helmet laws requiring the driver to wear protective headgear at all times. The three states that have no such requirement include Iowa, Illinois, and New Hampshire.

Of the states that have helmet laws, 29 only require them for riders under the age of 18. The other 18 states, plus Washington D.C., require helmets to be worn by all drivers and passengers.

Not only do most states require you to wear a helmet, but the helmet must also be approved by your state's Department of Transportation. These rules can vary from state to state. If you are unsure if your helmet meets these standards, you can always check online or ask a motorcycle accident attorney.

For the most part, these laws are unpopular among motorcyclists. However, studies show that riders who do not wear helmets are three times more likely to suffer a brain injury than those who do. State interest in the safety of motorcyclists and in keeping insurance rates low in their state has justified the implementation of mandatory helmet laws.

Wearing a helmet will not always prevent serious injury if you are involved in a motor vehicle accident. However, failure to wear a helmet, particularly where there is a law requiring that a helmet be worn, can help your opponent claim that your own negligence caused or contributed to the accident. This can reduce or even bar your claim for damages.

Ways Motorcycle Riders Can Be Found Partially Liable

Not wearing a helmet or other protective gear is not the only way you can be found negligent. There are a number of things you can do that may make you partially responsible for your motorcycle crash.

Some of these things include:

  • Speeding
  • Not stopping at a traffic signal
  • Not respecting the other driver's right-of-way
  • Driving while distracted
  • Weaving in and out of traffic lanes
  • Ignoring local traffic laws

The other driver's insurance company will look for ways to hold you responsible. If they can prove that you were partially at fault, it will reduce the amount they are ordered to pay or may even be sufficient enough to defeat your legal claim. This is why it is a good idea to meet with a motorcycle accident lawyer as soon as possible after the crash.

Motorcycle Defects and Recalls

While most motorcycle accidents are caused by people driving passenger vehicles, some crashes are due to a motorcycle defect. Motor vehicles are frequently the subject of recalls. This is important because a defect has a higher chance of endangering the driver.

Safety recalls can be issued by motorcycle manufacturers. They can also be issued by the National Highway Traffic Safety Administration (NHTSA). If they learn of a prevalent defect or safety issue with a certain make and model of motorcycles, they can issue their own recall.

When a safety recall is conducted, the manufacturer of the motorcycle must file a public report describing the defect, the involved product, the events leading to the recall, a description of the remedy, and a schedule for the recall.

Motorcycle manufacturers also have a duty to try to notify owners of recalled vehicles. They must also make an effort to remedy the defect without cost to the owner.

You should conduct a periodic check for recalls of your particular motorcycle. This will increase your safety and help prevent serious accidents.

Some common defects found with motorcycles include:

  • Alignment defects
  • Wheel cracks
  • Brake defects
  • Malfunctioning seats and footrests
  • Airbag deployment issues
  • Stuck or broken accelerators

If you learn that there is a safety recall issued for your brand of motorcycle, make sure you take it to get repaired. As long as a recall has been issued, you should not be responsible for the costs of repair.

Legal Steps for Motorcycle Accidents

If involved in a motorcycle accident, taking the right legal steps is vital to ensure your rights are protected and you receive any compensation due:

  1. Immediate Actions:

    • Ensure safety and seek medical attention for any injuries.
    • Call the police to report the accident, providing a detailed account of the incident.
  2. Gather Evidence:

    • Take photos of the accident scene, including vehicle positions, damage, road conditions, and any visible injuries.
    • Collect contact information from witnesses and other involved parties.
  3. Report to Insurance:

    • Notify your insurance company about the accident as soon as possible. Provide them with all the collected evidence and a police report.
  4. Consult a Motorcycle Accident Lawyer:

    • Seek legal advice from an attorney who specializes in motorcycle accidents. They can guide you through the legal process, help determine fault, and advocate for your compensation.
  5. File a Claim:

    • With your lawyer’s assistance, file a claim against the at-fault party’s insurance. This may cover medical bills, repair costs, lost wages, and pain and suffering.
  6. Negotiation and Settlement:

    • Your lawyer will negotiate with the insurance company to reach a fair settlement. If an agreement cannot be reached, they may advise taking the case to court.

Conclusion

Motorcycle accidents are a serious concern, with distinct types and causes. Understanding these aspects and knowing the legal steps to take can significantly affect the outcomes for those involved. Safety precautions, awareness, and responsible riding and driving can help prevent many of these accidents, but when they do occur, proper legal guidance is indispensable.