Examining the Causes of Motorcycle Accidents: Consequences for the Law and Preventative Actions
Various factors contribute to motorcycle accidents, and they carry legal implications when victims seek compensation. Preventive measures often save lives and secure victims’ rights. Some contributing factors in motorcycle accidents include speed, motorcyclists’ visibility, distracted driving, and alcohol-impaired driving. Preventive measures for motorcycle accidents include wearing a helmet and taking steps to make oneself more visible on the road.
A motorcycle accident attorney can discuss your case and explore your legal options. They can conduct an independent investigation to determine the factors that contributed to your motorcycle accident and pursue compensation from the liable parties.
Common Driving Infractions That Contribute to Motorcycle Accidents
The National Highway Traffic and Safety Administration (NHTSA) studied the causes and characteristics of motorcycle accidents in 2021, noting key contributing factors and highlighting motorcycle safety procedures that can save lives. Consider the following factors and preventive measures from its findings.
Speeding
In 2021, the NHTSA found that 33% of fatal accidents involved riders who were speeding. It can be tempting to speed as a motorcycle rider, but this can have great legal implications when seeking compensation.
Licensing
Florida Statutes § 322.03 mandates that motorcyclists obtain a motorcycle endorsement on their driver’s license. The NHTSA found that 36% of fatal motorcycle accidents in 2021 involved motorcyclists who lacked proper licensing.
Alcohol Impairment
In 2021, 29% of fatal motorcycle accidents involved alcohol-impaired riders, a higher percentage of alcohol-impaired drivers of passenger vehicles and even trucks. The blood-alcohol concentration (BAC) level for impaired driving is 0.08% and higher.
Motorcyclists’ Visibility
Certain crash characteristics also shed some light on a prominent contributing factor in motorcycle accidents—motorcyclist visibility. The NHTSA found that 43% of fatal motorcycle collisions occurred with vehicles turning left while the motorcyclist was either:
- Going straight
- Passing a vehicle
- Overtaking a vehicle
Preventive Measures and Motorcycle Safety
The NHTSA report found that a total of 5,932 motorcyclists suffered fatal injuries in collisions in 2021. Thirty-nine percent of these motorcyclists were not wearing helmets. The department found helmets to be about 37% effective in preventing motorcyclist fatalities and 41% effective in preventing fatal injuries for motorcycle passengers.
According to Florida Statutes § 316.211, any motorcycle rider under 21 must wear a helmet, and all motorcycle riders have to wear protective eye gear on public roads.
Aside from wearing a helmet, other preventive measures to reduce the risk of accidents include:
- Following the speed limit and all traffic rules
- Wearing the required protective gear, as well as additional gear
- Refrain from drinking and riding
- Making oneself visible to road users by staying out of blind spots
- Refraining from aggressive riding tactics, like weaving between cars
- Avoiding rides in adverse weather conditions
- Educating oneself on motorcycle maneuvers
- Maintaining one’s motorcycle
Legal Consequences of Motorcycle Accidents
What you do as a motorcycle rider carries legal implications and consequences. When you experience an accident and file an insurance claim or personal injury lawsuit to seek compensation, your behavior will also be investigated.
When you file an insurance claim, an adjuster will determine fault, usually attributing a percentage to each party involved. Your potential compensation will be reduced by your percentage of fault, and according to Florida Statutes § 768.81, you cannot seek compensation if you were more than 50% responsible for the accident.
In motorcycle accident claims, adjusters will want to know if the motorcycle rider violated any traffic law, such as by speeding or riding impaired. They will also consider whether they took preventive measures, such as wearing a helmet. Each of these factors will contribute to an insurer’s assessment of a claim.
How a Motorcycle Accident Lawyer Can Help
A personal injury lawyer can advocate on your behalf and seek fair compensation for your motorcycle accident injuries. They can conduct an independent investigation and challenge an insurer’s determination of fault. They can protect you from efforts to undervalue or deny your claim and ensure your claim includes medical expenses, lost income, pain and suffering, and other non-economic losses.
They can also help you take legal action against a liable party by filing a lawsuit. Your motorcycle accident lawyer fort Myers can guide you through the legal process while you rest and recuperate from your injuries.
You Can Afford to Hire a Motorcycle Accident Lawyer
Many Fort Lauderdale motorcycle accident lawyers also work on contingency. They can start your case without charging you upfront legal fees.
This allows them to give your case the time it deserves and helps you meet important legal deadlines, such as the statute of limitations. According to Florida Statutes § 95.11, you generally only have two years to file a personal injury lawsuit.
Our Legal Team Can Explore the Factors That Contributed to Your Motorcycle Accident and Their Legal Implications
You don’t have to guess about your potential for compensation after a motorcycle accident. The Law Offices of Wolf & Pravato can determine what led to your accident and work to hold the responsible parties accountable. We will protect your right to compensation for your medical bills, lost wages, and pain and suffering. Complete our online form or call us at (954) 633-8270 to get started on your free consultation.
