This Blog was brought to you by the Carabin Shaw Law Firm, Principal Office in San Antonio
Riding Dangerously: Law on Motorcycle Accidents
Touring across the United States on two bike wheels powered by a reliable engine has become not just an all-consuming hobby of the free-spirited individual who loves the outdoors but also a national pastime for those who find themselves inside office cubicles for at least 40 hours each week. Their weekend on a motorcycle gives them the sense of freedom to “smell the flowers” and recharge their batteries, so to speak. This “fever on bikes” has caught on many people that “tourism on motorcycles” has become a passion for Americans and Europeans alike. More on this webpage
There are lots of advantages one can think of motorcycles:
One, they come in different styles, which makes them the most flexible mode of transportation. You can ride on them during interstate travels; they are also unbeatable on congested streets. You can cruise with them, race with them or ride on them toward off-beaten paths for a sense of adventure (and misadventure).
Two, the economic advantage of motorcycles over other modes of transportation is the common reason why they are mostly preferred nowadays. Running on motorcycles is cheaper; you can run lots of mileage on them for weeks on the same amount of gas you would usually spend for fuel in your car daily.
Third, they are perfect during high traffic and where to look for parking space is less of a headache.
Motorcycle Accident: How bad can it get?
Road mishaps can happen anytime, most frequently involving motorcycles and commonly fatal. Past surveys showed that deaths on the road tallied a higher count among motorcycle riders than passengers on other types of vehicles. Perhaps, this is because more and more people are taking the road now on motorcycles, with fewer precautionary measures. Most times, however, accidents involving motorcycles are not due to the impaired judgment of their drivers but that of others.
The Law on Motorcycle Accidents
1. Who is at fault? The general law on personal injury, as most Texas car accident lawyers would tell you, provides that whosoever causes an injury to another due to negligent acts shall be held liable for any damage or harm resulting from such negligence. This principle of law applies to motorcycle accidents, slips, and falls. Other related cases provided these three (3) requisites concur: There is a duty of care required by law from the defendant (the person accused) to be provided to the plaintiff (person injured); The defendant failed to perform or refused to perform the standard of care required of him; Due to negligent acts, committed an injury or caused an accident; As a direct result of such negligent acts, the injury was inflicted on the plaintiff.
2. Law on Manufacturer’s Defects
There are instances when accidents happen due to some defects in the vehicle itself. When this happens, it is always best to consult
with your attorney who has the knowledge and competence to deal with issues about the product liability, including recalls, if
any. Only a competent, experienced lawyer can determine if the motorcycle driver can press charges and collect claims against the manufacturer for any damage or injury he suffers due to a product defect.
3. Law on Helmets
Most states in the US require all motorcycle drivers and their passengers to wear helmets when they are on the road to avoid fatal consequences when accidents happen. Surveys have shown that among those wearing safety helmets and those without, brain injuries encountered by head protection are less severe than those fully exposed to danger on the road. Laws about wearing helmets and other protective equipment differ from state to state. There has been a noticeable lack of support among motorcycle operators. Failure to wear a helmet while riding a motorcycle constitutes an act of negligence, which may affect the amount of recovery being sought by the motorcycle driver or his passenger.