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Motorcycle Accidents: Pursuing the Negligent Driver
Today, motorcycles are a popular source of enjoyment and entertainment in our society, but they pose unique dangers due to their design. According to the National Highway and Traffic Safety Administration, in the year 2012, 4,957 motorcyclists across the United States suffered fatalities as a result of motor vehicle crashes. In Wisconsin, 118 motorcyclists died in traffic accidents out of 2,720 total motorcyclist accidents, while 2,183 suffered injuries as a result of traffic accidents. Although the number of motorcycle accidents in Wisconsin account for only 1.5 percent of the total motor vehicle accidents across the state, they almost always result in serious injuries and extensive medical bills.
Not only do victims of motorcycle accidents need to worry about their injuries and medical bills, but they also have to worry about lost wages. If you or someone you know was injured in a motorcycle accident as a result of the negligence of another party, you may be entitled to compensation for your losses. In order to properly assert your legal rights, and increase the likelihood of success on your claims, you should contact an experienced motorcycle accident attorney.
Leading Causes of Motorcycle Accidents
The National Highway and Traffic Safety Administration indicated that over 52 percent of the fatal motorcycle accidents across the United States involved collisions with other moving motor vehicles. The most common causes of motorcycle accidents are motorist error, violation of traffic laws, and drunk driving.
Motorist error includes drivers who are distracted, fatigued, or aggressive. Too often, motorists operating automobiles fail to detect motorcyclists driving close to them. Usually, by the time a motorist detects a motorcyclist, it is too late to avoid the accident. Violations of traffic laws are also a leading cause of motorcycle accidents because motorists fail to yield the right of way, use or obey traffic signals or engage in drunk driving.
Proving Negligence in Motorcycle Accidents
A motorcycle accident usually requires the plaintiff to show that the defendant acted negligently. This is a typical personal injury case. In order to prove negligence, the plaintiff needs to establish the defendant owed him a duty of care. Any motorist operating a motor vehicle owes a duty of care to other motorists and pedestrians near the roadway. A motorist is required, while operating a motor vehicle, to exercise ordinary care and required to act as a reasonably prudent person would in the same or similar situation.
Once a duty is established, the plaintiff has to show that the defendant breached the duty of care owed to other motorists on the road because he or she failed to exercise reasonable care in the operation of the motor vehicle. Typically, motorcycles are much small than other automobiles or trucks on the road, and motorists operating these vehicles fail to see motorcyclists. Motorists are required to be attentive and drive cautiously when driving near motorcycles.
Then, the plaintiff must prove that the defendant’s breach directly caused his or her injuries. This requires showing that the plaintiff would not have been injured had the defendant properly exercised ordinary care while operating the motor vehicle. The injuries the plaintiff suffered as a result of the accident must have been reasonably foreseeable and occurred as a direct result of the defendant’s carelessness.
As you can see, motorcycle accidents present unique challenges and the victim usually suffers serious injuries that require extensive medical treatment. If you or someone you know was involved in a motorcycle accident, you should seek the assistance of an experienced Milwaukee personal injury attorney who will assist you in obtaining the just compensation you deserve.
