What Are the Common Causes of Motorcycle Accidents?
Negligent drivers cause motorcycle accidents in several ways, including failing to yield the right-of-way, running red lights, speeding, or driving while distracted. These actions put motorcyclists at significant risk due to their smaller size and increased vulnerability in a crash.
A knowledgeable Phoenix motorcycle accident lawyer can help by investigating the cause of your accident, gathering evidence like police reports and witness statements, and negotiating with insurance companies on your behalf.
A lawyer will understand the complexities of motorcycle accident claims and can pursue fair compensation for medical bills, lost income, and pain and suffering. If necessary, they will also be prepared to take your case to court.
How Do Negligent Drivers Cause Motorcycle Crashes?
Negligent drivers are one of the most common causes of motorcycle accidents. Motorcycles are much smaller and less visible than cars, which makes them more vulnerable to accidents. When drivers don’t pay attention, disregard traffic laws, or drive recklessly, they endanger motorcyclists.
Negligent drivers cause motorcycle accidents in several ways.
- One major cause is failing to yield the right-of-way. This happens when a driver doesn’t stop for a motorcyclist who has the right-of-way, such as at an intersection or when changing lanes. Since motorcycles are smaller, drivers often fail to notice them and make turns or lane changes without checking their blind spots. This can cause the motorcycle to crash into the side of the car, leading to serious injuries.
- Another common cause is distracted driving. Phones, GPS systems, or even talking to passengers distract many drivers. In areas with high traffic, quick reactions need to avoid accidents. When a driver doesn’t pay attention, they may not see a motorcycle coming, or they may fail to react quickly enough to avoid a collision.
- Speeding is also a common factor in motorcycle crashes. Motorcycles are more sensitive to speed, and when drivers exceed the speed limit or drive too fast for road conditions, they reduce their ability to react to sudden changes in traffic. A driver who speeds through a turn or doesn’t give themselves enough distance to stop can easily cause a crash. In some cases, the driver may not even notice the motorcyclist until it’s too late.
- Tailgating is another dangerous habit. When a car follows a motorcycle too closely, it reduces the distance the driver has to react if the motorcyclist slows down or stops. Motorcycles need more space than cars to maneuver, so tailgating can lead to rear-end crashes. Additionally, some drivers may not realize how quickly motorcycles can stop or how much space they need, which can lead to collisions.
- Lastly, driving under the influence of alcohol or drugs is a leading cause of motorcycle crashes. Impaired drivers have slower reaction times, poor judgment, and reduced coordination, making them more likely to cause accidents. Motorcyclists are already at a higher risk, and when drivers are intoxicated, the chances of a serious crash increase.
Frequent Motorcycle Crash Injuries
Motorcycle accidents can result in severe injuries due to the lack of protective barriers that cars provide. Unlike car occupants, motorcyclists are exposed to the full impact of a crash, which often leads to serious or life-threatening injuries.
The most frequent injuries sustained in motorcycle accidents include head injuries, broken bones, road rash, and internal injuries.
- Head injuries are among the most common and dangerous injuries in motorcycle crashes. Even when riders wear helmets, they can still suffer concussions, skull fractures, or traumatic brain injuries (TBI) if the impact is severe enough. A TBI can cause lasting cognitive, emotional, and physical effects, which may require long-term medical treatment and rehabilitation. In severe cases, head injuries can lead to permanent disability or even death. This is why helmets are critical in reducing the risk of serious head trauma.
- Fractures and broken bones are also frequent injuries in motorcycle accidents. Common fractures include broken arms, legs, ribs, and collarbones. These injuries often occur when riders are thrown from their bikes or when the bike lands on top of them. Depending on the severity of the fracture, treatment may involve casting, surgery, or even joint replacement in cases of severe damage. Physical therapy is often necessary after fractures to restore movement and strength to the affected area.
- Road rash refers to skin abrasions caused when a motorcyclist slides across the pavement. It typically happens when a rider is thrown from the bike, and their body drags along the road surface. Severe cases can lead to deep, painful wounds that require skin grafts or extensive wound care to prevent infection. In extreme cases, road rash can cause permanent scarring.
In terms of medical treatment, motorcycle accident victims may need emergency care, surgery, pain management, wound care, and rehabilitation. They may also require psychological counseling if they suffer from trauma or post-traumatic stress disorder (PTSD) after the accident.
Long-term care may include physical therapy, occupational therapy, and assistance with daily activities, depending on the severity of the injuries.
Evidence in Motorcycle Accident Cases
In motorcycle accident cases where the victim suffers injuries, gathering and presenting the right types of evidence is vital to building a strong case. Evidence helps establish liability, determine the extent of injuries, and ensure that the victim receives proper compensation for medical bills, lost income, and pain and suffering.
Several essential types of evidence play a key role in these cases.
- Police Reports: After an accident, law enforcement typically responds to the scene and creates a police report. This document is often one of the most important pieces of evidence in an accident case. It includes details about the crash, such as the location, time, weather conditions, and the statements of involved parties and witnesses. It may also contain an officer’s analysis of who was at fault. While police reports aren’t always conclusive, they provide an official account of the accident that can support the victim’s version of events.
- Witness Testimony: Eyewitness accounts can also be important in establishing what happened during the crash. Statements from people who saw the accident can help clarify the circumstances, such as whether a driver was speeding, ran a red light, or failed to yield the right-of-way. Witnesses can also testify about the motorcyclist’s behavior leading up to the crash, which may help refute any claims that the rider was at fault.
- Photographs and Video Evidence: Photos or videos taken at the accident scene can provide powerful evidence. Images of the motorcycle, the other vehicles involved, skid marks, road conditions, and the position of the vehicles after the crash can show how the accident occurred. Surveillance footage from nearby businesses or traffic cameras can also provide a detailed, unbiased account of the crash. You need these visuals in cases that otherwise rely on memory or conflicting testimonies.
- Medical Records: The victim’s medical records play a critical role in documenting the injuries sustained in the accident. These records provide evidence of the severity of the injuries, the medical treatments required, and the long-term effects on the victim’s health. Medical records also help establish a timeline of care, proving that the injuries were a direct result of the accident.
- Expert Testimony: In some cases, experts such as accident reconstructionists, medical professionals, or engineers may be called upon to provide opinions about the cause of the accident or the extent of the injuries. Accident reconstructionists can analyze factors like skid marks, vehicle damage, and traffic signals to recreate the sequence of events. Medical experts can testify about the long-term effects of the injuries on the victim’s life and career.
- Vehicle and Accident Scene Evidence: The physical evidence from the scene, such as the damage to the motorcycle, other vehicles, and road conditions, can reveal important details about the crash. For example, tire marks, broken parts, or even weather conditions may help establish the cause of the accident and who was at fault.
This evidence helps build a solid case, increasing the chances of obtaining fair compensation.
Dealing with Insurance Companies Following a Motorcycle Crash
After a motorcycle accident, dealing with the insurance company can be one of the most stressful aspects of recovering from your injuries. Insurance companies are often more focused on protecting their bottom line than fairly compensating accident victims.
A knowledgeable motorcycle accident attorney has the experience and legal knowledge to handle the complex process of dealing with insurance companies, negotiating fair settlements, and, if necessary, pursuing litigation.
Dealing with the Insurance Company:
A motorcycle accident attorney can take the lead in communicating with the insurance company on your behalf. Insurance companies may try to minimize your claim by questioning the extent of your injuries or attempting to blame you for the accident.
An attorney handles these interactions to protect your rights. They know how to respond to insurance adjusters’ tactics and can prevent you from saying anything that may harm your case.
Additionally, an attorney will understand the types of evidence needed to support your claim, such as medical records, witness statements, and accident reports.
Negotiating a Fair Settlement:
One of the primary roles of an attorney is to negotiate a fair settlement for their client. Insurance companies often make low initial offers, hoping that accident victims will accept them out of frustration or desperation.
A skilled motorcycle accident lawyer will thoroughly review all of the case details, including your medical bills, lost income, and future treatment needs, to determine the true value of your claim. They will then negotiate with the insurance company to ensure that the offer reflects the full extent of your injuries and damages.
If the insurance company refuses to offer a fair settlement, your attorney can use their negotiation skills to push for a better offer. They will also advise you on when to accept a settlement or when to hold out for more.
Threatening Litigation:
If the insurance company refuses to provide a fair settlement, your attorney can escalate the situation by threatening litigation. The threat of a court case often motivates the insurance company to offer a more reasonable settlement to avoid the time, expense, and uncertainty of a trial.
Your attorney will prepare the legal paperwork and begin the process of filing a lawsuit, which shows the insurance company that you are serious about pursuing full compensation. Even if you sue, many cases still settle out of court before trial.
Recovering Compensation for Injuries in a Motorcycle Accident
After a motorcycle collision, victims may be entitled to compensation to help cover the financial, physical, and emotional toll of their injuries. Recoverable compensation for losses, also known as damages, helps the injured party recover and restore as much of their life as possible.
Victims can pursue compensation for:
- Medical Expenses: One of the most immediate damages is medical expenses. This includes the costs of emergency treatment, hospital stays, surgeries, prescription medications, rehabilitation, and any future medical care that might be needed. Motorcycle accidents can cause severe and long-lasting injuries, requiring ongoing care like physical therapy or specialized treatments. Compensation for medical expenses is meant to ensure that the victim is not financially burdened with the cost of recovery.
- Lost Income: If the motorcycle accident victim is unable to work due to their injuries, they may be entitled to compensation for lost income, as well as any future earning potential that may be affected if the injuries result in long-term disability. For example, if the victim’s injuries prevent them from returning to their previous job or career, they may recover compensation for the difference in income.
- Pain and Suffering: Pain and suffering damages are meant to compensate for the physical pain, emotional distress, and mental anguish resulting from the accident and resulting injuries. This subjective damage can vary depending on the severity and long-term effect of the injuries, as they reflect the ongoing pain and the psychological toll of the accident.
- Loss of Life Enjoyment: If the injuries suffered in the accident prevent the victim from participating in hobbies or activities they once enjoyed, they may recover compensation for their loss of life enjoyment. This can include the inability to engage in sports, travel, or even simple day-to-day activities that were previously part of the victim’s routine.
- Emotional Distress: In addition to pain and suffering, victims may recover compensation for emotional distress resulting from the trauma of the accident, such as anxiety, depression, or post-traumatic stress disorder (PTSD).
Speak to an Experienced Motorcycle Accident Lawyer Today
If you sustained injuries in a recent motorcycle crash, a knowledgeable Phoenix personal injury lawyer can help you throughout your case. Your lawyer will aggressively fight for your rights during settlement negotiations – and, if necessary, in court – to maximize your final compensation award.