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All drivers, regardless of a car, truck, or motorcycle, are required to follow the rules of the road. Traffic laws are designed for safety. They govern what drivers can and cannot do. The rules of the road also provide for predictability. When everyone is operating under the same rules and regulations, other drivers can reasonably predict the actions of others while driving.
In order to obtain a driver’s license, even for a motorcycle, a driver must demonstrate knowledge of all the relevant traffic regulations. Everything from traffic control devices to rules regarding passing and keeping safe distances also applies to motorcycles as equally as they do to cars.
For motorcyclists, it is even more important to abide by every traffic regulation because motorcycles are not as visible as cars. Failure to abide by a traffic regulation can result in a finding of fault against the motorcycle operator.
An experienced motorcycle accident attorney could help injured victims understand the many rules of the road. Speak to an attorney to learn about the impact of traffic laws in an Oak Lawn motorcycle accident case.
After a motorcycle crash, the police may come and investigate the accident. Depending on the results of their investigation, the police officer may issue a ticket. If the police officer believes a traffic infraction has occurred, they have discretion as to issuing a ticket.
However, receiving a ticket at the scene of a motorcycle accident is not determinative of the facts of the accident. The police officer was not a witness to the crash and can only issue a ticket based on their interpretation and investigation. Simply because one party receives a ticket following a motorcycle accident does not mean that the other person was not at fault. It is essential to discuss these details with a knowledgeable motorcycle accident lawyer so the injured person can receive the best recovery possible.
After a motorcycle crash, the first thing to be determined is fault. In order to make a recovery for damages, the other person must be more at fault than the motorcycle rider. If either party were breaking a traffic law, which contributed to the accident, it would make it difficult for them to deny fault.
If the motorcycle crash is caused by someone else, that person is responsible for damages. This is called negligence. In order to make a recovery for damages, a motorcycle rider must prove that the other person is more than 50 percent at fault for an accident. An accident does need not be the fault of one person or another. It can be a combination of both.
However, if the accident is more than 50 percent the fault of the motorcyclist, then there will be no recovery for any injuries sustained. If the motorcycle rider is less than 50 percent at fault, there is still a recovery for injuries, but the amount is reduced by the percentage of fault of the motorcycle rider.
When someone is negligent and causes an accident with a motorcycle, they are responsible for the damages. The common types of damages include:
If a person has a license to operate a motorcycle, they are presumed to know the traffic laws that govern that motorbike. If a new law is passed, they are expected to know that it applies to them on a motorcycle. It is not a defense to say that they were unaware that there was a new law. For this reason, it is important to stay abreast of any potential developments that may impact the traffic laws which govern motorcycles.
A motorcycle accident claim is complicated. It is different than a regular automobile claim. Many people feel that they can handle the claim themselves. They should not unnecessarily complicate a motorcycle accident claim by trying to handle the case themselves.
However, it is always best to have an experienced personal injury lawyer who handles motorcycle crashes represent them in these matters. A motorcycle accident lawyer is in the best position to protect their interests and ensure that they make the best recovery possible. Due to the various changes in the law, it is best to reach out to an experienced attorney. Call today to learn about the impact of traffic laws in an Oak Lawn motorcycle accident case.