Tag: motorcycle accidents

Motorcycle and Car Accidents: How Are They Different?

Written by kwmlaw on June 24, 2021. Posted in Kelly & West News.

All drivers on the road, whether on a motorcycle or in a car, are required to follow the same traffic laws. However, the legal outcomes of an accident can differ depending on the vehicle.

If you were in a motorcycle accident, you may think that your case would be handled the same way as if it were a car, but there are significant differences that mean you may deserve more than what you think. For example, the driver of the car may be at least partially liable because cars have more safety advantages over motorcycles.

Here are other differences between motorcycle accidents and car accidents that many jurors and insurance agents will not know. A good motorcycle accident attorney will help educate and advocate for you.

Many people who do not own or ride motorcycles may perceive those who do as daredevils or dangerous. An experienced attorney will inform the jury of your actions, as a rider, to take precautions and drive safely.
An attorney can also educate the jury about actions you took during an accident that may look wrong to a car driver, such as laying the motorcycle down.
Motorcycles are more difficult to see because they are significantly smaller than a car. Because of this, a driver of a car may not see a motorcyclist when turning or merging into another lane.
There are hazards on the road that are more dangerous for motorcyclists. For example, potholes, slick roads, and debris can mean life or death for someone on a motorcycle, but may not have as much effect in a car.
Fender benders are common among car accidents, but even a “tap” can seriously injure a motorcyclist if hit from behind. In fact, cars take longer to stop than motorcycles do, so if someone is driving too close to the back of a motorcyclist, then that could mean negligence on the car driver’s part.
There are fewer safety precautions for a motorcycle than cars. Because of this, injuries from a motorcycle accident can be more serious, take longer to heal and keep you out of work longer than a car accident. Read these safety tips to cover how you can stay safe on the road.

Having an attorney familiar with laws regarding motorcycle accidents means that you can rely on someone that is familiar with what applies and how these accidents are different from car accidents.

Our firm has more than 35 years of experience. If you were in a motorcycle accident, contact us. We can help you understand your options and make sure you receive the compensation you deserve.

What to Do If You’re in a Motorcycle Accident in North Carolina

Written by kwmlaw on April 11, 2019. Posted in Kelly & West News.

Warm weather is finally here; it’s the season to dust off your bike and ride through the town. You may hear people speaking about how dangerous and scary riding is and what could happen to you. As a rider, you know those risks. As one motorcycle riding teacher put it, “It’s not a question of if you’ll get into an accident, but when.” What you might not know is what comes next — what to do if you’re in a motorcycle accident. So let’s look at a few aspects of motorcycle accidents and what to expect.

Safety

First things first, you must have your motorcycle license to ride one in North Carolina. You should not and cannot drive without the proper tests. However, you can skip the DMV exam by taking this safety course.

Always be wary on the roads; do not get overconfident. Remember, cars are bigger than you. Practice, practice, practice! It’s beneficial to practice with passengers or a load on your motorcycle, but be knowledgeable on how to adjust accordingly. Before every ride, check the tire pressure, tread depth, brakes, headlights, signals, fluids, and for leaks. Inform the passenger on the proper way to ride. Most importantly, wear the appropriate safety gear.

How Accidents Occur

According to North Carolina’s DMV, 151 motorcyclists were killed and 3,162 motorcyclists were injured in accidents in 2016. These accidents typically result from speeding, distracted driving, alcohol, and lane departure. Many accidents happen when cars are making left hand turns; they do not see motorcyclists. Drivers are more frequently distracted due to phone use, so it’s crucial to stay cautious at all times.

Motorcycle accidents are different from car accidents in many ways, as we discussed in this blog post. One thing to note: in motorcycle crashes, the law of “negligence” applies. A driver is liable for injuring the biker if they are found to be negligent, or reckless, and if the rider is not negligent. A person in a car is often more likely to be liable for an accident for not seeing the biker, but in some cases, the biker may be found negligent. Careless driving, speeding, unnecessary passing, and swerving can all be the fault of the biker. If the biker is at fault for the accident, then it will normally prevent monetary recovery.

What to Do if You’re in a Motorcycle Accident

If you find yourself in a motorcycle accident and are injured, go to the hospital and get the necessary medical treatment and take photos of your injuries as soon as possible. It is best not to discuss how the accident occurred with the insurance adjuster. Contact us to see if you have a valid claim and to discuss what we can do to help you with your medical treatment and the handling of your injury claim.

If you find yourself in a motorcycle accident, contact Kelly & West for help.

Motorcycle Injury: Important Tips To Follow If It Happens To You

Written by kwmlaw on March 30, 2016. Posted in Kelly & West News.

The sun is bright, flowers are blooming, birds are singing, and you’re hopping on your motorcycle. There is no better feeling than the new spring air rolling across your face as you cruise down the road. If you have a motorcycle, then it is no surprise that having a bike can be a lot of fun. This is true, but a harsh reality lies behind biking, concerning your personal safety and legal rights.

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Personal injury cases involving motorcycles need to have special attention. Unfortunately, juries tend to have a bias against motorcyclists.The defensive lawyer may try to say that you were:

Not wearing proper clothing
Speeding
Riding in the wrong part of the lane
Being reckless

It is important to recognize who was at fault in the accident. You may be liable under “contributory negligence” if you contributed in the accident in anyway. In this case, insurance companies will not want to compensate you for your injuries. Your case can turn messy, so it is always a good idea to have someone fighting for you.

Photo credit: Alan Vernon. via Visualhunt.com / CC BY-NC-SA

Having a personal injury attorney experienced in motorcycle accidents can help you win your case. The defense will constantly shift blame towards you as a motorcyclist. Car and truck drivers receive sympathy because motorcycles are small in comparison to more common, larger vehicles.

And of course, be safe:

Always wear a helmet and proper safety gear. The reality is that riders without a helmet are 40% more likely to have a fatal head injury due to an accident. Eye wear, gloves, padded clothing, long pants, and ankle-covering shoes are essential. These materials will help protect you from wind, debris, and injury. Wearing bright colors will also help you to be more noticeable to cars and trucks.
Always be aware of your surroundings on the road. You have to be a defensive driver. At a time of excessive GPS, mp3, and phone use: car and truck drivers have a tendency to keep their eyes OFF the road. It is more important than ever for bikers to always check his/her surroundings for traffic.
Know your vehicle. Do a general walk-around before riding your motorcycle. Check your brakes, tires, chains, and belts. Catching a problem before you ride could save your life.

Motorcycle accidents call for special considerations; protect your rights and make sure you are compensated for your injuries. We hope you have an enjoyable riding season!

Motorcycle Accidents

Written by kwmlaw on December 15, 2014. Posted in Areas of Experience, Personal Injury Lawyer and Legal Services.

Motorcycle Accidents often lead to serious and permanent injuries. If you have been injured in a motorcycle accident that was not your fault, you may have a personal injury claim. Be cautious about talking to the other driver’s insurance company before you consult with an experienced injury lawyer. The insurance company may try to blame you just because you were driving a motorcycle.

However, if you work with an attorney, the other driver’s automobile insurance company may compensate for any losses you sustained. These losses include medical expenses, emotional and physical pain and suffering, any lost wages you incur due to the accident, and any permanent injuries you sustain.

Take these steps after an accident:

Protect your health. First, seek immediate medical attention either at the emergency room or with a trauma specialist as soon as possible following the injury.
If you are unable to work following your injury, let your employer know why you are unable to work and obtain a doctor’s note for your absence. The other driver may be responsible for reimbursing you for these expenses when the case settles.

Kelly and West can help you figure out these and other important steps to protect your physical and financial health after a motorcycle accident. Give us a call at 910-893-8183.