Motorcyclists love the idea of freedom and exhilaration that riding on a bike can provide. As fun and exciting as it may be, motorcycle accidents are one of the major occurrences in the United States. Let us take a look at different aspects related to personal injury claims in motorcycle accidents:
Common Causes of Motorcycle Accidents
Whether it is due to fatigue or distraction, personal errors can cause many motor cycle accidents.
Traffic Law Violations
These include speeding, changing lanes illegally and failing to follow traffic signals.
Common Motorcycle Injuries
Commonly, motorcycle injuries fall into two major categories: hard injuries and soft tissue injuries.
- Broken bones
- Spinal cord injuries
- Second and third degree burns
Soft Tissue Injuries
- Abrasions and lacerations
- Sprained ligaments and tendons
Determining the Guilty Party in a Motorcycle Accident
Most motorcycle accidents are caused due to negligent driving. All drivers have an obligation towards other drivers, violation of which can cause accidents. When accidents do occur, the victim can file a personal injury claim against the driver or motorcyclist.
When the case goes to trial, it is the job of the jury to decide which party breached the duty of care. With the evidence available, the jury will determine the faulty party. If however, the jury decides that both parties breached their responsibilities, the jury will determine the comparative negligence of each party and settle compensation accordingly.
Proving Evidence of Negligence
When a motorcyclist files an injury claim, it is upon him/her to prove that the accident was caused by the other driver or motorist by providing sufficient evidence.
Here are some ways motorcyclists can gather evidence:
Proof of Wearing the Helmet
Wearing helmet will signify to the jury that the motorcyclist took precautionary measures. If the accident has caused a head injury and you were not wearing the helmet, it will become very difficult for you to convince the jury that you weren’t responsible for your own injury. Make sure you collect enough evidence that will prove that you were wearing helmet on the day.
If you are true to your word, the surveillance camera record can be the ultimate evidence that will win you the case. Make sure you find surveillance camera records by contacting relevant authority.
Showing medical records is also an excellent way to prove your injuries and support your claim. Get copies of the initial paramedics’ notes, written diagnosis of the on-duty doctor, scan results and so on.
If you need legal representation after a motorcycle accident, Bakersfield Law Group has the right skills and expertise. With thorough knowledge in the field and excellent attention to detail, they have some of the best personal injury attorneys in Bakersfield.