Proving negligence can often be more difficult for
motorcyclists than other drivers.
Not exact matches
Motorcyclists who ride supersports have driver death rates per 10,000 registered motorcycles nearly 4 times higher than rates for motorcyclists who ride all other ty
Motorcyclists who ride supersports have
driver death rates per 10,000 registered motorcycles nearly 4 times higher
than rates for
motorcyclists who ride all other ty
motorcyclists who ride all
other types of bikes.
Failure to See a
Motorcyclist —
Drivers often fail to see oncoming motorcycles because motorcycles are so much smaller
than other vehicles.
However, in this case the defense team was betting on the 50 % rule, which works like this: if the defense team could convince the jury that the plaintiff (my client, the injured
motorcyclist) is more
than 50 % at fault for the crash, the defendant (the negligent minivan
driver) would not have to pay for non-economic damages, which include pain and suffering, loss of enjoyment of life, scarring and disfigurement, and
other long - term problems as a result of the crash.
While most
motorcyclists err on the side of caution, sometimes more so
than other drivers, insurance companies often stereotype riders as negligent and try to blame them for accidents that happen.
Despite the fact that
motorcyclists face greater physical risks
than other drivers, bikers have the same entitlements as
other motorists, and this includes the right to pursue legal action if they are harmed in an accident that is the direct result of another person's negligence.
In rural areas, where speed limits are higher, the risk of a fatal accident for a
motorcyclist is much higher per kilometre
than the
driver or passenger of any
other motorized vehicle.
Motorcyclists are more exposed
than other drivers, and their small size relative to
other vehicles make them harder to see at times.
The National Highway Traffic Safety Administration (NHTSA) reports that
motorcyclists are 35 times more apt to be killed in a road accident
than drivers or passengers riding in
other types of vehicles.
Motorcyclists are also far more likely to die in a collision
than drivers or occupants of
other motor vehicles.
Despite these increased risks,
motorcyclists are no less entitled to use of public roads
than other drivers, and they have equal rights in court.
Head injuries affect
motorcyclists at a far higher rate
than they do
other drivers.
In the case of non-fatal accidents,
motorcyclists often experience more serious injuries
than other drivers.
Because a bike has different handling characteristics
than a car, many of the maneuvers that
other drivers make are unsafe for
motorcyclists in the vicinity.