There's no doubt about it, motorcycle accidents can be deadly. At the very least, most motorcyclists suffer some type of serious injury during an accident. Regardless of who is at fault, a motorcycle rider who suffers injuries deserves to be compensated. Yet, figuring out how to do this can be difficult for the average cyclist. This is why you should seek assistance from an experienced attorney who works with personal injury cases. There are several ways a personal injury lawyer can make sure you get a sufficient amount of compensation to deal with injuries and property damage.
Why Motorcycle Accidents Are So Dangerous
There are a few reasons why motorcycle riders are susceptible to a high degree of injury. Just looking at a motorcycle should clue you in on why this is. Motorcycles do not have any of the protections that cars do. There aren't any seatbelts, airbags or protective framing around the driver. Instead, motorcyclists are likely to bear the brunt of the impact directly on their bodies. This is why the statistics show that motorcyclists have a higher rater of death in accidents. However, motorcyclists are not without redress in the personal injury system.
The Applicable Law
In most jurisdictions, injuries related to a motorcycle accident will involve the legal theory of negligence. What this type of lawsuit alleges is that one person acted in a careless fashion and caused injury to another. This theory can be applied to the context of car accidents. In the typical lawsuit, the plaintiff alleges that the defendant failed to exercise reasonable care in operating his or her vehicle. If this is shown to be true, the defendant can be held liable for the resulting injury.
There are several reasons a defendant may be held liable in a motorcycle accident case. A vehicle driver may put motorcycle riders at risk by running a red light. A driver might also make an unsafe turn, or fail to check the blind spot. Also, operating a vehicle while intoxicated constitutes an unreasonable act. All of these scenarios will subject the driver to liability under personal injury law.
To win a case of negligence, the plaintiff needs to prove four things. First, that the defendant driver had a duty to drive in a safe manner. Next, it must be shown that the driver did not act as a reasonable person in the operation of his or her vehicle. The plaintiff must also establish causation between the driver's act and the injury. Finally, the plaintiff must plead damages, such as bodily injury or the loss of the motorcycle. If this can be done, the plaintiff will have a successful lawsuit.
Motorcycle Accidents in Utah
If you need assistance with a motorcycle-related accident in Utah, contact Spencer & Jensen PLLC. An experienced lawyer will help you get the right amount of compensation for your motorcycle case.