What Must I Prove to Win My Motorcycle Accident Lawsuit?
Motorcycles are a great way to travel. They’re fast, affordable, maneuverable, and convenient. This is the reason why motorcycles are so widespread. In fact, a survey estimates that there are around 200 million motorcycles in use globally. That’s one motorcycle for nearly two-thirds of the population of the United States. However, as convenient as they are, motorbikes are also commonly involved in many collision accidents.
Driving responsibly is one of the most important things to note when riding a motorcycle. Even careful riding and driving can still lead to motorcycle accidents, however. This can be particularly problematic because the rider is exposed, unlike when riding a car. How common are motorcycle accidents? What should you do when you are involved in a motorcycle accident?
Motorcycle Accident Statistics
Motorcycle accidents are more common than what most people think. According to the Governors Highway Safety Association, there was an estimate of 4,990 motorcycle accident fatalities for 2017. Of the 4,990 deaths, more than 140 of these happened in Michigan. Additionally, motorcycle accidents comprised 14% of all car accidents in 2016. This begs the question of why motorcycle accidents are so prevalent in the first place.
Causes of Motorcycle Accidents
Many factors can lead to motorcycle accidents. These can either be because of the rider, the motorcycle itself, or other factors. Some of the top common causes of accidents are the following:
- Driver-related causes: Many motorcycle accidents happen as a result of driver negligence. Driving while fatigued or intoxicated come to mind. A survey by the National Highway Traffic Safety Administration (NHTSA) showed that many motorcycle accidents involved alcohol. More than 5,400 fatalities were reported in 2016.
- Vehicle-related causes: Some accidents are caused when the motorcycle itself malfunctions. This can also be due to negligence, improper maintenance, improper use, and more.
- Other causes: Other factors that can lead to motorcycle accidents include road conditions, weather, other drivers, and many more.
Were you involved in a motorcycle accident? You may have to identify what the cause is. This is for you to be able to prove fault.
Proving fault in motorcycle accidents can be tricky. This usually requires a thorough examination of many factors. Some of the factors that should be examined after the accident are the following:
- The motorcycle driver: The motorcycle driver should undergo tests right after the crash. The most important one is the test for blood alcohol concentration (BAC). This can be used to tell if the driver is intoxicated or not. Driver intoxication can almost always win you the case. Questions directed toward the driver regarding the incident can also be given. This is to determine the possible causes of the accident.
- The motorcycle: The motorcycle should also be checked for any defects. Accidents often involve brake failure, engine failure, snapped parts, and many more. This check-up can be used to tell whether the accident was due to the negligence of the driver or not.
- Outside conditions: Environmental conditions can sometimes also lead to accidents. Knowing these conditions can possibly help with the case. Did the motorcycle slip on an icy road? Was there over-speeding on the rocky terrain? These questions can be used to support your claim.
Proving injury and damage should also be done to help you win your case. These can prove that the other party is at fault.
Proving Injury and Damage
If you were injured as a result of the motorcycle accident, then you may have a monetary claim. This is also true if you have a property that was damaged as a result. Aside from helping you win your case, knowing these factors can help you get your money. Here are some things you need to prove injury and damage:
- Proving injury: Keep all medical forms from the accident. Receipts for treatment, medical test results, doctors’ notes, and other things should all be kept. These can all be used as proof that you have been injured due to the accident. The money you spent will also be reimbursed.
- Proving damage: Receipts for repairs done, damage records, and other evidence should all be kept and filed. These can be used for showing that the damage was done to your property because of the accident. If you have photos from the incident, they can also significantly help your case.
Contact a Motorcycle Accident Lawyer Today
Motorcycle accidents are, unfortunately, widespread. If you have been involved in a motorcycle accident, call a motorcycle accident lawyer today. The Clark Law Office has lawyers that are used to dealing with these cases. You may contact us at (517) 347-6900.