Motorcycle Accidents and Potentially Responsible Parties

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Richard Hastings Said:

Motorcycle accidents occur each day on roads all over the country. While many accidents are simple “fender benders,” others may result in substantial property damage and serious injury or even death. Although motorcyclists are often stereotyped as reckless and fast drivers, it is negligent automobile drivers who cause most motorbike accidents. An injured victim of a motorcycle accident can seek damages from the responsible party for the injuries, damages and pain suffered as a result of the accident. The victim must show that the defendant was negligent and responsible for the injuries and other damages that were sustained. A motorcycle accident lawsuit must also be filed before the expiration of applicable statutes of limitation which varies from state to state. The victim can seek compensation for related medical expenses, loss of income or earning potential, partial or permanent disability, psychological suffering, and property damage.

Some motorcycle accidents can be so severe that they result in death. Each state has its own law on fatal accidents and wrongful death claims. Although independent of each other, these laws share some common features. If a death is caused by a motorcycle accident, there will losses associated with the wrongful death including medical expenses incurred as a result of the accident, funeral and burial expenses, pain and suffering of the deceased, future financial support to the heirs, loss of love, society, and companionship.

For a wrongful death claim to arise from a fatal motorcycle accident, the accident must have been caused by another person who has acted negligently. The must be a wrongful act or an act of negligence in the part of the other person. Other responsible parties could include: the motorcycle manufacturer; or the maker of any part of the motorcycle; or other vehicle involved in the accident. The person or party responsible must have adequate insurance or assets to provide the basis of a recoverable legal claim.

There are different laws that apply to a motorcycle accident cases depending on the circumstances of the accident and the jurisdiction in which the accident took place. Sometimes the other driver or person might not be responsible for the wrongful death from the fatal accident. The cause of the accident will determine the type of wrongful death case, and the responsible party. It could have been caused due to a defect in the motorcycle’s manufacturing or design. For instance, the breaks fail to work when applied. In such cases, the law of product liability will apply. In certain cases, you can seek damages for wrongful death from the designer or manufacturer. Sometimes, the mechanic who did not repair the vehicle property can be held liable if the improper repairing is a factor which caused the accident. Even poorly maintained roads, messy and confusing construction, unclear signage, improperly designed roads and similar problems can be the cause of a fatal accident. The Government agencies responsible for the roads and highways can be liable for damages in such cases. However, there are special rules that apply to lawsuits against government entities which can have very short notice provisions which must be met in order to have a viable claim.

If you or someone you know has been involved in a motorcycle accident, it is recommended that you seek legal advice immediately.

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Personal Injury November 5th 2009

Why Motorcycle Accidents Are More Severe

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Arnold Hernandez Said:

For many riding a motorcycle is a spectacular and thrilling experience. For other’s it is just a great way to travel. For other’s it may be the best way to save money on commuting. Part of the thrill in riding a motorcycle is the fact that there are risks. Experiencing a motorcycle accident compared to a car accident is completely different. A low impact car accident is not likely to result in injuries, but a motorcycle accident can result in serious injuries even in low speed accidents. With a car the body is protected by the car and the seatbelt. In a motorcycle accident the only protection is the helmet. When you get thrown off a motorcycle your actual body gets hurled across the road and sometimes into the path of other road vehicles. It is not surprising that a motorcyclist is 45 times more likely to be killed in a road accident than a car driver.

The are several reasons why motorcycle accidents occur including poor visibility, slippery roads, bad weather, speeding, and driving under the influence of alcohol or a controlled substance. Sometimes it is poor road maintenance and most often it is carelessness of the part of other drivers or the motorcycle driver. Careless operators that do not fail to see the motorcycle is probably one of the primary reasons.

The injuries in motorcycle accidents often involve a head injury and those killed as a result of a motorcycle accident more likely than not died as result of a severe head injury.

If you are involved in a motorcycle accident you should always ensure the police attend the scene to make a detailed report of the accident and if you feel no pain or injury at the time of the accident, be sure you state that you are not sure if you are injured as it often takes several hours to realize you have suffered an injury. In many jurisdictions no police report will be prepared unless there is an injury. This report will be needed to make a claim for compensation and if you report that there was no injury, it may be that no officer will go take a report. You should also detailed how the accident occurred and what parts of your body hit the ground or the vehicle while your memory is fresh.

Once you are well enough to talk or write about the accident you should do so, but with an attorney. Do not communicate with an insurance company until you have spoken with a personal injury attorney. Insurance adjusters are in the business of protecting the insurance company and keep as much money as possible.

The type of information you need before speaking with an attorney is as follows:

A police report

A list of witnesses

A list of all property damaged including the motorbike and any clothing

Medical records including bills

Days missed from work as a result of your inability to work and the amount of wages lost

Detailed list of your injuries

Many persons refrain from making a claim because they believe it is a long and difficult process, but hit is a misconception. Filing a claim is very easy and often costs nothing. All it takes is one phone call and a little paper work. Your personal injury attorney takes care of everything for you.

A claim for compensation is intended to put you back to where you should have been, contrary to popular belief it is not the lottery. You should therefore feel comfortable making such a claim as you will not be better off as a result of it, you will just be back to where you should have been.

Law September 20th 2009

Road Traffic Accidents and Motorcycle Riders

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Helen Cox Said:

Approximately around 75% of all the motorcycle accidents are the result of a collision with another vehicle, typically passenger cars. Out of this percentage, a staggering 65% is due to the fact that the driver of the other vehicle failed to see the motorbike. These situations are most often encountered at night, which is obviously when the riders are most vulnerable.

Unfortunately the age when you are more likely to have an accident is between 16 and 24 and 96% of these are male. Surprising bad weather is only involved in 2% of motorcycle accidents. In road traffic accidents it is proven that motorcycle riders are at a greater risk of being seriously injured or killed and road traffic accidents that involve motorcycle riders have been on the increase since 1997.

People who use motorcycles are at a greater risk of being involved in a road traffic accident due to the fact that motorcycle riders have to be aware of issues that don’t affect cars. One prime example of this is a defective road surface; this could be the result of bad weather, pot holes or spills and objects in the road; if a motorcyclist comes into contact with these there is a likely chance that the bike will skid, often causing the rider to fall. This is due to the fact a motorcyclist is facing these problems with two wheels as oppose to four.

Two other aspects that are common when it comes to motorcycle accidents are filtering and undertaking. Filtering is where a motorcyclist was overtaking outside or between lines of traffic and was struck by a car or lorry. Undertaking is where a motorcyclist is struck while legally undertaking. These accidents usually occur through driver error, in other words when the driver of a car or lorry failed to see the motorcyclist due to not checking their mirrors or blind spots correctly.

Motorcycle road traffic accidents can cause horrific injury to the rider involved. The injuries that are sustained during a motorcycle accident are usually far more severe than if the accident had involved two cars or a lorry. This is because a motorcyclist only has a helmet and protective clothing to prevent injury; they are highly exposed so if they are struck by a car it is not only the bike that gets hit.

Everything possible should be done by a motorcyclist to keep them safe whilst on the road and to make sure that they are visible to other road users. Also other vehicles on the road should ensure that they correctly check their mirrors for any motorcyclists before moving off from a junction or overtaking any vehicles.

If you are a motorcyclist who has been involved in a road traffic accident in the last three years then you could be entitled to make a claim for compensation. It is your right to make a claim for compensation after suffering from a motorcycle accident that was caused through no fault of your own. So get in touch with a solicitor today who will be able to assess your case and start your compensation claim today.

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Law September 19th 2009

Claiming Compensation After A Motorcycle Accident

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Jene Pedder Said:

If you ride a motorcycle you’re more than likely to know someone whether a friend or family member who has had an accident whether in a car, on a bus, in a lorry, as a pedestrian or on a motorbike. Motorbike accidents are common occurrences on Britain’s roads as more and more people take to riding motorcycles instead of a car. People see it as freedom and excitement and also easier to get through the traffic but they forget about some people aren’t fully aware about what’s going on around them.

Every year there’s thousands of motorcycle accidents caused by another vehicle may it be a bus, car or lorry. These accidents usually involve the other driver not seeing you and pulling out of junctions and you can’t do anything about this except hit them. Other accidents include other vehicles not seeing you when you’re moving from lane to lane or passing them, then they are most likely to hit you. These can be very serious accidents especially for you as you’re likely to be thrown from your motorcycle and if you have a passenger on pillion there even more likely to be thrown off the motorcycle.

There are other motorcycle accidents of course when the motorcycle is at fault; they may have been showing off doing wheelies or just going too fast. Every year thousands of motorcyclists die because they don’t pay enough attention. Many car drivers don’t like motorcyclists as they intimidate them and this of course isn’t good. Car drivers need to be made aware that most motorcyclists ride carefully and just enjoy riding their bike not to show off but to get the feeling of freedom they get from riding their bike.

If you have been in a motorcycle accident and it wasn’t your fault, you have a legal and civil right to claim compensation from the other party involved. Having an accident on a motorcycle can be a lot worse than having an accident in a car due to having the car to protect you but as a motorcyclist you only have your leathers, boots and helmet to protect you. Of course if you don’t wear leathers you are asking to be hurt, as if you have an accident you wont be protected.

Your injuries may include:

• Broken Bones

• Spinal Injuries

• Neck Injuries

• Cuts and Bruises

• Internal Injuries

• Head Injuries

No-one wants these injuries, but if you are the injured party in motorcycle accident and received any of these injuries you are entitled to compensation to cover any medical costs and medicine charges, loss of earnings if you’re unable to work with your injuries. Of course if your injuries are permanent you may not be able to work again, your compensation payout would cover this. As well of these your compensation will cover any suffering mentally and physically you’ve been caused from the accident.

Don’t sit and suffer in silence, it’s your legal right to claim compensation if the accident wasn’t your fault and you’ve suffered from any injuries. Claim Today!

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Law September 9th 2009

Getting Cheap Motorcycle Insurance in the USA

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Trevor Mulholland Said:

Well-performing insurance agencies cater to every major need of its target clientele. And you can spot a well-performing insurance agency if it offers affordable motorcycle insurance plans. Cheap motorcycle insurance in the USA is readily available, so as soon as you register your new vehicle, you can just log in or pick up the phone book, and start shopping for the best bargains.

This should be no mystery to anyone who’s living in the States. More and more insurance agencies offer cheap motorcycle insurance in the USA because the demand keeps growing. Yearly there are more and more people interested in purchasing motorbikes of different kinds. The National Highway Traffic Safety Administration (NHTSA)’s “Hurt Report” says the number of registered motorcycles has increased by 48% between the years 1995 and 2004.

Two other things mentioned in the “Hurt Report” are worthy of note. The first is that there is a remarkable increase in people over the age of 40 who purchased motorcycles in the year 2004. Another is that there is a greatly increased number of road accidents related to motorcycle driving. In fact, the figure has only been increasing. In the year 2004 alone, there were 4,008 fatalities – a remarkable jump from the previous year’s 3,714 total.

By getting a good motorcycle insurance plan, you can minimize the damages that you, your motorcycle and the people you allow to ride on your motorcycle, incur during accidents. This is only being a responsible vehicle owner. Being a smart and responsible vehicle owner, however, requires a little more than the drive to protect one’s valuables – it also required the patience and the smarts to pick out an affordable yet reliable insurance plan.

Now one of the best things about most types of motorbikes is being a “budget” vehicle. Many bikes are mostly low-maintenance and not gas-guzzling: ideal for the thrifty vehicle owner. And especially ideal for the free-spirited soul who doesn’t like to be bound by limited road space and tight travel schedules. And since the owner of a motorbike knows all about saving, it’s expected that he’ll also want to save on the insurance cost.

Cheap motorcycle insurance in the USA is now so widespread, you can just ask your motorcycle-owning neighbor for tips and recommendations on what insurance companies to approach. But for the record, nothing beats doing your own research: go online and log into the official websites of different companies and gather quotes directly from the companies themselves – or spend some time in motorcycle forums. Ask questions and learn what the expert insured have to tell you.

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Non Fiction September 8th 2009

Bike Polices And Motorbikes On Roads Increase

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Ruth Said:

According to research conducted by the UK’s biggest insurer the period between May 23th and 25th has been identified as the most dangerous time of the year for motorcyclists. Recent claims data reveals that there is a staggering 50 per cent increase in motorcycle accidents at or around this time of the year – which is the May ending Bank Holiday period – making this day the single biggest day for claims. As the weather gets warmer and enthusiasts get to riding on their motorbikes for their first ride of the year, the UK’s biggest insurance provider, Aviva, is warning both the nation’s estimated 1.2 million motorcyclists as well as other motorists, to be extra vigilant. Britain is now heading into the most statistically dangerous part of the year for motorbike accidents caused by motorists. More bikes on the roads Nigel Bartram the senior motor underwriting manager at Norwich Union, said: “As bike fans are keen to get back on the road after a long winter, our claims data shows that accidents are more likely to happen at this time of year. We are urging motorcyclists to be more careful, but equally want to make drivers more aware of the increase in motorbikes that will be filling the roads.” Mr Bartram also added that: “Checking for blind spots, being aware of bikes overtaking or undertaking and being extra careful when opening doors and pulling out, are just some of the simple steps that drivers can take.” Norwich Union also attributes the large increase in claims to the warm weather which encourages more ‘weekend riders’ onto the roads, but also to the glare of bright sunshine, leading to more accidents than there are on rainy days. On the brightest and hottest summer days Norwich Union says that it sees a 50 per cent increase in motor claims, compared to an average day. In addition an increasing number of people appear to be taking out bike insurance policies and heading out onto Britain’s roads on two wheels instead of four, new research has claimed. According to a new study, the number of Britons that are choosing to get in the saddle instead of behind the wheel has surged by almost a quarter this year. Two wheels instead of four More people are being attracted to taking out insurance policies for their motorbikes and heading out on two wheels because of the credit crunch, according to the Post Office, which undertook the research. Richard Pennant-Jones the head of general insurance at the Post Office said: “At a time when many people are stretched financially, switching from four wheels to two is one way to save money.” He continued: “Using mopeds or motorcycles over the spring and summer can help reduce day-to-day transport and running costs, including motorbike insurance which could be significantly cheaper for motorcycles and mopeds than cars.” The UK car industry has suffered a sharp decline in sales over the past year, as the recession has forced many motorists to downgrade their vehicles from large cars to smaller ones, while others have simply chosen to keep their existing vehicle. Taking out bike insurance and buying a motorbike instead of a new car looks set to offer motorists some relief from the high costs of running a vehicle during the recession. If you need the right bike insurance policy for your motorbike, find the right policy fir you at OnlyInsurance.

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