The Motorcycle Rider Isn't Automatically At Fault
Posted On behalf of Pfeifer Morgan & Stesiak on Jul 21, 2011 in Motorcycle Accidents
The two-wheeled, engine-powered vehicle gives off the appearance of danger. Motorcycle drivers have the reputation of being accident prone, risk-takers.
That is why few people are surprised when the motorcycle rider is injured in an accident.
Of course, the reputation of the motorcycle rider is unfounded and has no bearing on a personal injury case based on a motorcycle accident. Motorcycle operators are not automatically at fault for any accident simply because of their chose of transportation. If you need to hear them, there are three reasons for this.
Motorcycle Riding is heavily Regulated
Contrary to belief, motorcycle riders must follow rules of the road. They are required to adhere to the same rules that other vehicles follow in addition to rules created just for motorcycles.
In Indiana, motorcyclists have:
- education requirements,
- regulations on the use and position of signals, mirrors and handle bars,
- muffler laws,
- and rules on riding in general.
Disobeying these Indiana laws, along with the thousands of local ordinances on motorcycles, can bring a ticket, fine, and or some jail time. With this many restrictions, you are less likely to get a bunch of riders who are negligent riders. The overwhelming majority are law-abiding citizens.
Accidents are on the Decline
According to the Indiana Criminal Justice Institute, motorcycle accidents are on the decline as of 2009. The 3,276 accidents and 113 fatalities from motorcycle riding was down by 15 percent (fatalities) and 14.6 percent (total accidents) from the previous year. The number of motorcycle accidents in Indiana is actually less than that of the commercial truck driver, who had 3,600 total accidents in 2009.
Actually, the law abiding component of the motorcycling population is further exonerated from the bad reputation when it was revealed that about 50 percent of the cyclists did not carry a license issued by the state of Indiana.
Each Accident is Different
Fault is an accident is never determined until all the facts are in, the witnesses interviewed and tests performed. It is simply impossible to say who caused the accident without all the evidence. For example, a pileup the appears to be caused by a motorcycle that swerved into oncoming traffic could ultimately be the fault of the commercial truck driver , driving ahead of the motorcyclist, who failed to slow with traffic at a safe distance due to exhaustion.
A personal injury attorney can help get to the bottom of the case. Personal injury attorneys in Indiana realize that motorcycle riders get a bad reputation, and they are eager to help. Let a personal injury attorney prove you’re your case in court. They can deflect from the reputation, placing the spotlight on the defendant’s actions and off of your bike.
Get the remedy you deserve despite the public opinion on your mode of transportation.