Scranton Law Firm

Types Of Accidents

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Legal definitions and explanations on various topics related to personal injury claims and insurance issues.
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Motorcycle Accidents

Motorcycle accidents are very common in California. According to the National Highway Traffic Safety Administration, the number of motorcycle accident fatalities has increased for nine years in a row. Motorcycle riders account for more than 11% of all vehicle accident fatalities and the total number of fatal motorcycle crashes increased by 127% between 1997 and 2006.

Motorcyclists face many unique challenges on the road which are not confronted by other drivers. Motorcycles are smaller than cars and are often difficult to see because of other vehicles, road signs and obstacles, or weather conditions. Road hazards such as debris, puddles, potholes, uneven pavement and oil slicks can be major problems for motorcyclists but go largely unnoticed by other drivers. By far the most common cause of motorcycle accidents is the Negligence of other drivers. Other common causes include unsafe road conditions, defective product manufacturing and operator inexperience.

Motorcycles lack many of the protections found in other vehicles such as air bags, safety belts and barriers between the road and the driver. As a result, when an accident happens, the injuries to the motorcycle rider and their passenger can be serious and often fatal. Recent data indicates that motorcyclists are far more likely than passenger car occupants to be injured or killed in vehicle accidents.

Lawsuits regarding motorcycle accidents are generally handled in the same way as other vehicle accidents. However, there are some specific California laws concerning motorcycles that make it advisable to use an attorney with experience in motorcycle accidents. For example, motorcyclists in California are required to wear protective headgear and failure to do so may result in the rider being found partial liable for their injuries.

If your motorcycle is wrecked in an accident, the compensation you receive depends on the type of insurance coverage you have and on the motorcycle’s estimated market value. If the accident was not your fault, an estimator from the liable party's insurance company will make an offer based on fair market value. This offer may not reflect the value you personally place on your motorcycle and may not cover the costs of acquiring a replacement. If you feel that an insurance company estimate of the true market value is incorrect, an attorney can assist you in the negotiations.

Many insurance companies will fight hard defending a motorcycle accident case because they fear having to pay the often significant personal injury damages. The larger the claim the more effort the insurance company will put forth to defend the claim. In order to protect your rights, you need an experienced accident attorney on your side. It is important to note that claims related to motorcycle accidents are subject to various Statutes Of Limitations which limit the amount of time you have to file a lawsuit.

Call The Scranton Law Firm to speak with an experienced motorcycle accident attorney as soon as possible to protect your rights and preserve the value of your claim.