Common Types of Motorcycle Accidents
Motorcycle accidents happen every day on our roadways, often with catastrophic consequences because riders and their passengers are more vulnerable than their automobile-operating counterparts. While car occupants are surrounded by a steel frame, airbags, and seatbelt restraint systems, motorcyclists are more readily exposed to hazards on the open road.
Possible types of motorcycle accidents include rear-enders, side-swipes, and T-bone collisions. However, when we characterize collisions like this, we are painting with a very broad brush. Every collision is a little different, with different causative factors influencing the outcome.
Motorcycle Accident Examples
Consider two rear-end impact collisions.
In the first collision, the rear-ending driver is approaching an intersection, but he struggles to see the traffic light because of the glare of the sun. For this reason, he does not appreciate the fact that the light changed to red, causing him to accelerate into the back of a stopped motorcyclist, causing severe injuries.
Now consider a second rear-end collision. In this one, the rear-ending driver is amidst stop-and-go traffic on an expressway when he gets a text notification. He looks down for two seconds to check his cellphone, and he looks up to see a motorcyclist idle in his lane of travel. Then impact.
Both of these rear-end impact collisions can be categorized as a “rear-ender,” but each case is different with unique challenges.
Establishing Negligence
In order to make a claim, the motorcyclist will need to establish that the driver was negligent, resulting in the collision and his/her injuries. This will require the motorcyclist to overcome any defenses raised by the rear-ending driver.
In the first hypothetical, the rear-ending driver may try to claim that he was subjected to a sudden emergency when he was blinded by sun. In order to overcome this type of argument, the motorcyclist may want to probe whether the driver was wearing sunglasses, whether the sun visor was down, and whether the rear-ending driver was traveling at an unsafe speed given the circumstances.
In the second hypothetical, the rear-ending driver may try to claim that there is non-negligent explanation for the rear-end impact; namely, the motorcyclist stopped suddenly, leaving little time to react. In order to overcome this type of argument, the motorcyclist may want to seek cell phone records as well as the event data recorder (black box) contained in the rear-ending driver’s car. This evidence may provide information concerning the activities of the rear-ending driver before impact.
The bottom line: when it comes to proving negligence, you have to be careful when categorizing the type of motorcycle accident. While a rear-end collision gives rise to a presumption of negligence, you still have to investigate the case so you are prepared for trial.
How Can a Lawyer Help After a Motorcycle Accident?
A motorcycle accident attorney can help you spot potential issues in your case and prepare for trial. Even the most clear-cut case can present challenges and obstacles without an adequate investigation, and that investigation should be performed as soon as possible after the collision.
For example, event data recorder information is often overwritten or deleted after a certain number of ignition cycles. If you are delayed in your investigation, you may lose critical evidence forever, impairing your ability to prove a case. When you get an injury attorney involved, you will improve the likelihood that this critical evidence will be available to you when you need it: at trial.
Hurt Riding a Motorcycle? Call William Mattar.
The motorcycle accident lawyers at William Mattar law offices are adept at identifying potential case issues, and tailoring investigations to maximize results. If you were injured in a motorcycle accident, your case is unique requiring a unique investigatory approach. We can provide this for you. Contact us today at (844) 444-4444.