Bikers typically already know that motorcycles are not as safe as most other vehicles on the road. They make the decision to ride these vehicles because the benefits outweigh the risks. However, the risks are significant, as the National Highway Transportation Administration (NHTSA) points out, the risk of death for a motorcyclist is about 27 times that of an occupant in a passenger vehicle.
Many motorcycle accidents are not the fault of the rider on the motorcycle but occur as the result of another driver’s carelessness. After all, motorcycles are not as large or visible as other vehicles, and drivers often drive into the path of a motorcycle.
More motorcyclists die in California than in any state other than Florida. This is in part because the weather in California and Florida lends itself to this form of transportation all year round.
Negligence Claims
If a person is injured in a motorcycle accident because of another driver, the typical result is a negligence claim. Negligence occurs when a person fails to behave as a reasonably prudent person in a given scenario. Most car accident claims are the result of negligence. Some examples include a driver who was speeding or texting at the time of the accident. If the careless behavior led to the accident, the negligent driver will be liable for damages to the other people injured.
Motorcycle Stigma
Motorcycles are considered dangerous. There might be a tendency for people to think that the motorcyclist is partially to blame for his or her injuries simply because he or she chose to use this form of transportation. However, if a negligent driver causes injuries to a motorcyclist, the fact that the motorcycle has less protection than a car will not mean that the driver is off the hook.
One exception: Helmet Use
California requires that all motorcyclists wear a helmet. One way a motorcyclist might find their damages reduced is by failing to abide by California’s helmet laws at the time of the accident. Helmets offer the best form of protection for people using motorcycles. The risk of dying in a motorcycle accident drops by about 37% when a person uses a helmet, and the risk of suffering a brain injury drops by 67%. Because of this, choosing to ride without a helmet can cause your damages to be reduced. Both of these numbers are significant, especially since head injuries are the leading cause of death to motorcyclists.
If a driver caused the accident, the driver will still be liable, even if the biker failed to wear a helmet, but their percentage of liability could be reduced. Imagine a situation where a biker was riding at the appropriate speed, in his lane. A car changed lanes into the biker’s lane, striking the motorcycle. The driver was on his phone at the time of the accident and was not watching where he was going. The driver was clearly to blame. The biker suffered a serious head injury, which could have been prevented if he had worn a helmet. Here, a court may say that while the driver was responsible, the biker was comparatively negligent. The driver might be found 80% liable, while the biker would have 20% liability for failing to wear a helmet. In a claim for $100,000 dollars, this could mean the biker loses out on $20,000.
If you were injured in a motorcycle accident, contact our attorneys for a free initial consultation. The attorneys at Sanford A. Kassel, APLC have been representing motorcycle accident victims since 1981 and have the experience to protect your rights.05
