Unfortunately, motorcycle riders are often more vulnerable to accidents and injuries than car drivers because they do not have the same protection that cars provide. While riders are frequently not to blame, a significant number of injuries and fatalities affect motorcyclists nationwide each year. The National Highway Traffic Safety Administration (NHTSA) reported a 33-percent rise in motorcycle-related fatalities in Connecticut from 2003 to 2012.
Recently, the Governors Highway Safety Association released a new report indicating a 5.6 percent decrease in motorcyclist fatalities across the country in 2017 compared to 2016, amounting to nearly 300 fewer deaths.
Motorcyclists accounted for approximately 14 percent of all traffic fatalities during the previous year. The city of Middletown, unfortunately, accounted for several of these fatalities.
If you live in Middletown and have been in a motorcycle accident, you must consult with a reliable Middletown motorcycle accident lawyer. When a motorcycle accident occurs, it is crucial to understand the legal considerations and available recourse.
Legal Considerations
There are several legal considerations that come into play when a motorcycle accident happens. One of the most important is negligence.
Negligence refers to someone's failure to act with reasonable care that causes harm to another person. In the case of a motorcycle accident, if another driver or party involved in the accident was negligent, they may be liable for damages. Another legal consideration in motorcycle accidents is comparative fault. Comparative fault means that a court will consider everyone involved in an accident and determine how much each party contributed to causing it. For example, suppose a motorcyclist was speeding at the time of an accident, but a car driver made an improper lane change. In that case, both parties may share some responsibility for causing the accident.
Available Recourse
If you were injured in a motorcycle accident due to someone else's negligence or fault, there are several types of recourse available.
Personal Injury Lawsuit
You can file a personal injury lawsuit against those responsible for your injuries. A personal injury lawsuit seeks compensation for damages such as medical bills and lost wages from missed work due to injuries sustained in an incident related to your bike, including future lost earnings as applicable - disabilities, pain, and suffering caused by physical injury beyond economic losses.
Insurance Claims
Another type of recourse after being involved in an accident (insurance policy) covers losses incurred from injuring others while riding motorcycles, such as:
1. Medical payments coverage
2. Uninsured/underinsured motorist insurance
3. Comprehensive coverage
4. Collision Coverage
Each of these policies has limits, and riders should review their policy to determine the nature and extent of coverage they have in case of accidents.
Workers' Compensation
If you were injured while riding your motorcycle as part of your job, you may be eligible for workers' compensation benefits. Employers are generally required to provide workers’ compensation coverage, and if employers do not provide it for employees that ride work-related motorcycles, then one is entitled to a covered claim due to consequences from motorcycling-related injury.
Product Liability Lawsuit
Sometimes motorcycle accidents can occur because something is wrong with the bike itself. In such cases, a product liability lawsuit could also be appropriate if a manufacturer produced a defective part that caused an accident that led to significant risks or injuries to bikers.
Wrongful Death Lawsuit
In the case where a family member dies due to motorcycle accidents caused by another driver's negligence, there are Wrongful Death laws in place that will allow families to pursue claims against liable parties even if no criminal proceedings against the defendant are available.
Conclusion
When it comes to motorcycle accidents, it is essential to understand both the legal considerations involved and the available recourse options if injuries are sustained relating to an accident. Liable parties may include individual drivers or manufacturers of defective parts on bikes. Appropriate insurance policies offer some level of assistance, too, but this depends on details outlined in each policy purchased, and riders must carefully review their policy before embarking on their rides.
Motorcycle riders need to prioritize safety measures and follow traffic rules, but they also have the right to seek compensation if they are injured due to someone else's negligence. In that case, they must call an experienced personal injury attorney.
This is all very helpful information to know
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