Accidents that involve motorcycles are pretty common in the country. According to the NHTSA (National Highway Traffic Safety Administration), deadly accidents that involve this two-wheeled vehicle accounted for more or less 15% of all traffic deaths in the United States. Victims from these accidents, as well as their families, usually have legal rights to recover huge compensation as a result of death or injuries sustained from motorcycle collisions.
Motorcycle crashes statistics
According to the NHTSA, in 2017 alone, there were more or less 5,000 fatal crashes involving motorcycles, and at least 80,000 individuals were injured in these crashes. The National Highway Traffic Safety Administration estimates that the number of fatalities to happen in these mishaps was 28 times more likely compared to passenger-vehicle deaths per mile traveled.
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Of this death percentage, 27% were because of alcohol or illegal substances. Despite the fact that two-wheeled vehicle ownership is only 3% of all traffic, fatalities from these vehicles account for at least 14% of all deadly traffic accidents in the country.
Risk of riding a two-wheeled vehicle
Riding a two-wheeler is a lot more dangerous compared to riding in a passenger vehicle. Two-wheelers have less safety protection compared to automobiles, and they are less stable because they only have two wheels. Unlike passenger automobiles, motorcycles lack seatbelts, airbags, and any type of bodily protection to both passenger and rider. Usually, when motorcycle crashes happen, riders are ejected from their vehicle, and the two-wheeler usually crashes into things in its way. It can also cause other automobile crashes to happen.
The helmet laws
Helmet laws are put into place by states to help protect riders and passengers from head injuries like traumatic brain injuries, a lot of which can turn deadly. According to the National Highway Traffic Safety Administration, motorcycle helmets saved at least one thousand lives. Researches indicate that fatalities from these crashes are nearly 40% less likely to happen if the rider and passenger are wearing a quality helmet. Every state has different helmet laws for riders and passengers.
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At least 19 states (including Virginia, Louisiana, Georgia, and California) have a universal law and will require motorcycle riders and passengers to wear helmets. More or less, 20 states require only a particular class of individuals to wear helmets if their passenger is underage. In areas with no universal helmet law, at least 50% of fatalities happen when a person was not wearing a safety helmet, while 8% of deaths happen in areas with universal law.
Common causes of severe and fatal motorcycle accidents
- Drug and alcohol use
- Over speeding
- Failure to use signal lights
- Inexperienced riders
- Roadway construction or imperfections
- Poor weather conditions
- Limited visibility of riders
One common injury sustained in motorcycle crashes is a traumatic brain injury, usually when the rider is not wearing the right helmet during the mishap. Traumatic brain injuries disrupt normal brain functions, and it can lead to coma or even death.
Common injuries sustained in these types of accidents include:
- Road rash
- Internal bleeding
- Organ damage
- Injuries to shoulders, wrist, or arms (upper extremities)
- Injuries to knees, ankles, feet, or legs (lower extremities)
- Traumatic brain injuries
These kinds of accidents happen when a person driving the two-wheeler hits another automobile or object on the road that can cause property damage or injury to the parties involved. Motorcycle accident lawsuits can be bought by individuals who sustained serious injuries or property damage because of the defendant’s carelessness or negligence.
As the case can be exceptionally complicated, it is imperative to retain an experienced and knowledgeable accident lawyer who will use their expertise with these kinds of specialized issues to obtain compensation and justice for the client’s injuries or property damages.
Who can be held accountable in these kinds of lawsuits?
A careless or negligent party can be held accountable in these types of lawsuits. In the context of motorcycle crashes, an individual is negligent when their behavior falls below the quality of care that is needed from an ordinary individual who is in a similar or the same situation. In these types of accidental contact, parties can be negligent by failing to stop at signs or wear the right helmet.
An individual can also be negligent when taking part in active reckless conduct like tailgating other riders or over speeding. In order to be successful in these kinds of cases, the plaintiff’s attorney needs to show four elements: breach, damages, duty, and causation. An individual has a duty to act safely, as well as not engage in reckless conduct while driving to avoid accidents.
Parties breach the duty of care with their conduct falls below the necessary level of care or the lack of care to prevent accidents from happening. Once the legal team has established the breach of duty, they need to show that their client’s negligent or careless conduct caused the crash and resulted in property damage or personal injuries.
Shreds of evidence that are useful in showing deviations from the quality of care vary by state to state and are part of their traffic rules and statutes. Retaining the lawyer’s expertise to provide victims the best chance at proving the elements mentioned above in court.
To recover in motorcycle wrongful death lawsuits, the Spartanburg motorcycle accident lawyer needs to establish the necessary elements for negligent action. That is why, in order for the party to be successful in the case, the plaintiff needs to show that the defendant’s negligence or carelessness caused the property damage or death of the victim.
Not only that, since state laws or statutes govern the claim, wrongful death laws provide information as to who can sue for the death, the law of limitations to bring a lawsuit, the kinds of damages available, as well as the limitations of the damage. Since the wrongful death laws differ from state to state, it is imperative to consult a lawyer specializing in this type of case to make sure the victim is able to maximize recovery in wrongful death lawsuits.