What Happens When Biking Goes Berserk...
Motorcycle accidents: common and scary to all bikers. These incidents are usually very dangerous and can cause serious damage to the motorcyclist. But why? Motorcycles are smaller than cars and trucks, and are at a greater risk for injury since they are not enclosed or protected by metal, seat belts, and airbags.
Because of this, many accidents are fatal for the motorcyclist. If they are not fatal, these accidents are still more likely to result in life-threatening injuries for the motorist.
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. Also, motorcyclists are about 26 times more likely to die in a crash than someone riding in a passenger car, and are 5 times as likely to be injured.
What if I Wasn’t Wearing a Helmet?
Here's the truth: Not all states require a motorcyclist to wear a helmet. In Florida, you are only required to wear a helmet if you are 20 years old or younger. However, even if you are over 20 years old, the opposing motorist may still point out if the motorcyclist was not wearing a helmet during the accident. Will this hurt your case? Not necessarily.
Failure to wear a helmet can be treated as a possible act of negligence, especially if it contributed to the motorcyclist’s injuries. Failure to wear a helmet will not prevent you from receiving a recovery from your injuries but it may affect the amount you receive.
Maybe it Was Neither Driver’s Fault?
At some high speeds, the front wheel of a motorcycle can shake or wobble due to misalignment. If you have had an accident that was caused by misalignment, you may have a product liability claim against the manufacturer of the motorcycle.