Three Ways A Motorcyclist Can Be Unfairly Blamed For An Accident
If you're a motorcycle rider, it is possible that you will get in an accident someday, or maybe you recently had an accident with a car. When this happens, it is common for the driver to blame the motorcycle rider, but even more important, the driver's insurance company is likely to blame you too. When this happens, you will need an attorney on your side. The following are a few examples of how a motorcycle rider can be blamed for the accident.
You were not wearing your helmet
There are a couple of angles that a car driver's insurance company may take if you weren't wearing a helmet at the time of the crash. If the road conditions were windy, they may claim that you failed to drive properly because sand of other small debris struck your face or eyes. If the accident was the driver's fault, it is possible that an insurance company will claim that your injuries were worse because you were not wearing a helmet. Therefore, you are not entitled to full compensation for your injuries.
You failed to stay in your lane
Bikers don't always ride in the middle of the lane. It is common for there to be a build up of oil that has leaked from the cars. For this reason, it is safer to travel outside of the slick, center area of the road. Although riding on the outside of the lane is both legal and safe, drivers are quick to blame a motorcyclist for being too close to their car. It is easy for a car to sideswipe a biker in this situation, but it is the driver who is to blame for entering the biker's lane.
You were speeding
This is common in the blame game against motorcyclists. The main reason for this is that car driver's can have difficulty judging the speed of the motorbike. It sometimes seems as if the motorcycle is traveling slower than they are. A driver may be making a left turn on a green, but the driver must yield to oncoming traffic. Unfortunately, the oncoming traffic is a single motorcycle. The driver turns in front of the bike, and there is a collision. The first thought from the driver will be that the motorcycle rider was speeding. However, there are ways to determine the speed of the motorcycle. An attorney can defend you against an accusation that it was your fault or even partially your fault.
Some of the reasons you are told that the accident was your fault or partially your fault may seem far fetched, but keep in mind that juries are often biased against motorcycle riders. This is why you need a personal injury attorney with experience in motorcycle accidents, such as from The Jaklitsch Law Group. They will know how to defend you against a range of accusations by a driver and their insurance company.
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