According to the National Highway Traffic Safety Administration, approximately 2,000 people are killed in motorcycle accidents each year, with another 50,000 people being injured. Motorcyclists are about 16 times more likely than those in cars to die in a motor vehicle crash. Motorcyclists are also three times more likely to be injured than people in passenger cars. Head injury is the leading cause of serious injury and death in motorcycle accidents. Riders who wear a helmet reduce their risk of fatal injury by 29% and the risk of traumatic brain injury by 67%. Safety protection in motorcycle accidents is very important because motorcycles do not provide much protection for their occupants and are not very crashworthy. They do not have a roof, are lightweight and do not have seatbelts or airbags. Motorcycles tend to be less stable than a car because they only have two wheels. In addition, because the motorcycle does not provide much protection, riders are often ejected, resulting in injury due to hitting the ground, trees or other objects.
There are many factors that can contribute to a motorcycle accident. The Hurt Report found that the failure of motorists to detect and recognize motorcycles in traffic is the predominant cause of motorcycle accidents. Approximately one-third of multi-vehicle accidents where a motorcycle is involved happen due to a motorist turning into the path of the motorcycle. Another common factor that contributes to a motorcycle crash is riders who do not know the limitations of the motorcycle and are inexperienced. These factors among others can result in numerous legal issues particularly in the many states where motorcycle laws are different from automobile laws.
In order to protect the legal rights of someone injured in an accident, complicated legal issues must be considered and properly addressed, including compliance with a potentially large number of time deadlines, and careful maneuvering through the insurance company minefield.
It is important to remember that insurance adjusters work for the insurance companies and not for the victims of auto accidents. Often, adjusters will make offers at a very early stage in a claim - sometimes hours after the accident. They make these offers before the full extent of the injured person's injuries are known. The insurance company's goal is to give the victim as little money as possible. Insurance adjusters are paid to minimize the value of victims' claims, not to advise victims of their rights. While we all understand injuries like broken bones and scars, there is no doubt that even "soft tissue injuries," such as muscle tear, bulging discs or pinched nerves can be very serious and debilitating. Pain from these so-called soft tissue injuries can last for extended periods of time resulting in physical activities being extremely limited. In many instances, there are relapses or even pain and difficulties from these injuries that can last a lifetime. Injuries and symptoms must be properly diagnosed and treated so that an injured person gets all necessary medical attention to provide a written record documenting those injuries.
Each state has its own laws as to what can be recovered as damages in a motorcycle accident. In Georgia, for example, a person injured by the carelessness of another has a right to compensation for pain and suffering, reimbursement for medical bills and lost wages incurred due to the accident, and in some cases punitive damages. There are many different sources of possible recovery for motorcycle accident victims, and it is important that they all are identified. Examples of such sources of recovery include: auto liability insurance, resident relative insurance, medical payment coverage on auto policies, umbrella coverage, health insurance and disability insurance. Additionally, motorcycle accident victims do not always realize that even if the responsible party was uninsured or underinsured, that they may still have a right to make a claim against their own insurance coverage. Victims also do not always realize that they may have a claim against a responsible party who was intoxicated, even if the property damage or injuries appear minor. Victims of motorcycle accidents that occur while on the job may have a third party claim in addition to be entitled to a make a claim for their workers' compensation benefits. These are just a few of the examples showing why it is important that victims of motor accidents hire an attorney who can tackle these issues and protect their interests.
Montlick and Associates, Attorneys has the knowledge and experience you need. We have an experienced qualified staff that is ready to fight for your rights. We tell our clients- we want you to concentrate on the important things: getting healthy and returning to your day-to-day life, while our attorneys take care of the complicated legal issues and deal with the insurance company. Montlick and Associates, Attorneys will work hard to protect your interests and get you the compensation you deserve.