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In a crash between a motorcycle and a car, liability is determined in the same manner as an accident between two motor vehicles. Cars and motorcycles must follow all traffic regulations. Motorbikes and cars must operate with reasonable care while on the roadway. If one or the other fails to use reasonable care, they may be deemed at fault for the accident. This is considered negligence. Many factors go into the determination of fault. The direction of travel, as well as the speed and traffic regulations, affect liability in a motorcycle accident.
It is essential to consult with a knowledgeable motorcycle accident lawyer promptly after an accident. Evidence must be preserved and gathered to help in determining fault after a motorcycle accident. To make a recovery for damages, fault for the accident must be established. If the motorcycle accident is the fault of the motorcyclist, there might be no recovery for the injuries. Speak to a skilled attorney to learn about establishing fault in an Oak Lawn motorcycle accident case.
To establish fault in an Oak Lawn motorcycle accident case, the courts will have to determine each party’s contribution to the collision. In an accident between a motorcycle and a car, there could be many parties at fault for the crash.
To recover compensation for damages, the defendant’s fault for the accident must be greater than 50 percent. To make a recovery for injuries, the accident must be more the fault of the other driver than the motorcycle operator. When the accident is more one driver’s fault than the other, the law does not allow for recovery. If the plaintiff is found to be 25 percent at fault for the accident, their recoverable damages will be reduced by that same amount. If the motorcycle driver is more than 50 percent at fault, this serves as a complete bar to recovery. The plaintiff’s compensation award will be reduced by their percentage of liability. Establishing fault in an Oak Lawn motorcycle accident case is a crucial step in making a recovery.
Riding a motorcycle can be dangerous. Unexpected things happen that may cause an accident. Because there is so little protection for the bike rider, it is vital to wear a helmet. A helmet protects one’s head in the event of an accident. Failure to wear a helmet is also considered by the jury when awarding damages. A jury may feel that an individual may not have been injured as seriously if they were wearing a helmet. Because of the great safety benefits of a helmet, it is always advisable to wear one while riding a motorbike.
Automobiles, and particularly large trucks, have blind spots where they are unable to see who is behind or next to them. Generally, it is toward the rear quarter panel of the vehicle. It is particularly dangerous for a motorcyclist to ride in this area relative to other traffic. The other vehicle may believe it is safe to change lanes and not recognize there is a motorcycle in the adjoining lane. The motorcyclist should always leave as much room as possible between other vehicles on the road and avoid riding in any potential blind spots, or risk becoming liable for an accident.
Before riding their motorcycle, they should pay particular attention to the weather forecast. Riding a motorcycle in certain weather can be treacherous and it is best to leave the motorcycle at home if there is a chance of inclement weather. However, if someone is already riding and the weather becomes unstable, it is important to maintain control. The law requires them to operate their motorcycle with regards to all weather and traffic conditions.
Weather can play an important factor in accident liability, especially involving motorcycles. In order to make a personal injury recovery following a motorcycle accident in Oak Lawn, it is essential to establish whose fault the accident was. If the rider was speeding in heavy fog, and did not have their lights on, they could be deemed liable for reckless driving.
There are many benefits to having an attorney following a motorcycle accident. They could investigate the accident, including the cause and determine the negligent party to help you recover compensation for your damages. Establishing fault in an Oak Lawn motorcycle accident case is crucial to helping you recover damages.
Schedule a consultation to discuss your case with a seasoned motorcycle accident attorney.
