The use of motorcycles has increased tremendously over the past few years. They are preferred as they offer a swifter way of maneuvering through paths. Despite easing movement, they have also caused havoc with the increase in motorcycle accidents. If you are ever involved in a bike crash, consider hiring a personal injury lawyer to advise you on the steps to take.
Procedures before and after a motorcycle accident are closely related to accidents between automobiles. However, some issues are exclusive to bike accidents.
Some countries have a law in place that requires motorcyclists to wear helmets while driving. Many motorcyclists do not like this law. It is a fact that riders who don’t wear helmets have thrice higher chances of suffering brain damage in case of an accident.
To ensure the safety of motorcyclists and reduce insurance rates, most states have found it necessary to implement mandatory helmet laws. All the same, it doesn’t imply that wearing a helmet will help your case or failing to wear one will delay recovery when the accident is not your fault. However, failing to wear a helmet may assist your opponent to claim that your negligence contributed to the crash. It can reduce or prevent a claim for damages.
It is advisable to wear protective equipment especially in countries where it is a requirement. Failure to do so may attract criminal charges. Evidence that an injured motorcyclist failed to wear a helmet is unacceptable in personal injury lawsuits. Ensure that you are well-versed with the laws of the country.
Motorcycle defects and recalls
Motor vehicles are subject to recalls. A defect in a bike may endanger the driver. Whenever a safety recall is conducted, the manufacturer should issue a public report describing the involved product, the error, events preceding the recall, remedy to the problem and recall schedule. The operator is responsible for notifying the owners of the recall and correcting the defect at the manufacturer’s expense. Motorcyclists should look out for recalls as a measure to increase their safety. Some accidents may also suggest fault.
Determining the legal responsibility for a motorcycle accident
Like many other vehicle accident cases, motorcycle accident claims are governed by the legal notion of negligence. By any chance the motorcyclist was partially or entirely at fault, he or she might not be able to recover damages under contributing neglect principles. In case relative negligence applies, damages can be calculated depending on the level of fault of both parties.
What to do after a motorcycle accident
If you or someone you love has been involved in a bike crash, the first step is to get medical treatment. Next, you can find a personal injury lawyer to review the claim and advise you on the steps to follow. By getting legal assistance can help you focus on getting better. For more information, visit the Johnston Ming Manning LLP website.