Motorcycle Accidents and the Law

Our highways and byways are busier than ever, and many people travel by motorcycle. It is not the safest way to go, but still a popular mode of transportation.

If you drive a motorcycle, you must take extra precautions to ensure your own safety. It is very easy to wind up in the “blind spot” of an automobile driver, and that can mean trouble.

Liability in most motorcycle accidents may be determined by the law of negligence. A person is considered negligent when he or she acts carelessly resulting in the injury of another person. In many motorcycle accidents, it is the driver of a car or truck who is found to be negligent.

In some cases, both the driver of a car and the motorcycle driver are found at fault in an accident. In other words, both motorists have, in someway, contributed to the accident. If the driver of the car is able to prove that the motorcyclist was negligent, then the amount of the motorcyclist’s recovery may be reduced.

Motorcycle accidents touch on many areas of the law, including: personal injury, and product liability. Unfortunately, many motorcycle accidents end up as fatalities, which may also involve wrongful death lawsuits.

If you are involved in a motorcycle accident, there are some things you should attempt to do, if you are able:

-Take photos of the accident.

-Attempt to talk with anyone involved.

-Attempt to get contact information from any witnesses.

Helmet laws vary from state to state, but many states require that the driver and passenger on a motorcycle wear a protective helmet and one that is safety approved. Helmets should have the US Department of Transportation (DOT) seal of approval.

If you have legal questions, please give our office a call.  Consultations are always free. 

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W. Carl Reynolds

O. Wendell Horne III

Bradley J. Survant

T. Joseph Boyd

Kate Reynolds Kirbo

Marty K. Senn

Abbie R. Brown

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