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For years, accident researchers have known that motorcycles are simply more dangerous than cars. Motorcycles offer none of the vital protections that are built into car designs. Without a steel frame, airbags, seat belts, and other safety features, a car crash is more likely to be fatal to a motorcycle rider than to a vehicle occupant who is involved in the same accident.
The good news is that there are safety features that have been proven to reduce motorcycle accident fatality rates. Motorcycle riders should be aware of their safety options in order to protect themselves as much as possible. And if you or a loved one is involved in a motorcycle accident, consult with a motorcycle injury lawyer to help protect your legal rights. Call our experienced motorcycle accident attorneys at (888) 488-1391 for a free initial consultation.
What Are Antilock Brakes?
Antilock brakes have the same function on a motorcycle as they do on a car. As the name implies, they prevent the brakes from locking up, which can cause the car to skid, making the driver lose control of the vehicle. Antilock brakes are even more important on a motorcycle than it is on a passenger car. Since a motorcycle has only two wheels to maintain stability, the rider’s control of the bike is far more precarious than a driver’s control over a car or truck.
In a motorcycle, the antilock braking system (ABS) works via a small metallic ring gear that is attached to the hub of the motorcycle wheel, which “tone ring” or “tone wheel” is connected to a magnetic sensor that can send an electronic signal to the ABS. The ABS constantly monitors the signals it receives from the tone ring. If the number of signals suddenly decreases, the ABS reacts to prevent the brakes from locking by slightly reducing pressure to the brake calipers to allow the wheels to spin. Pressure is then reapplied to continue the necessary braking.
The ABS can adjust braking pressure up to ten times per second, which is much faster than human reflexes can respond, which is why ABS is so critical on both motorcycles and cars. No matter how experienced a driver or rider is, they simply cannot react as quickly as an antilock brake system can.
The Largest Study Of Its Kind
Nearly a decade ago, the IIHS first called for a federal mandate requiring all street-legal motorcycles to be equipped with ABS. Since then, the Institute has continued to analyze the data that shows that ABS can help save lives. The Insurance Institute for Highway Safety reviewed years of motorcycle crash data in the largest study of its kind.
An IIHS study found that ABS reduces the risk of fatal motorcycle crashes by 22%, indicating nearly one in four deaths could be prevented if all motorcycles were equipped with ABS. However, factors like rider behavior and motorcycle type also play a role.
How Motorcyclists Can Prevent Accidents And Death
So what, specifically, can motorcycle riders do to prevent accidents? Safe riding habits can help you avoid liability for causing an accident, and more importantly, they can help prevent death and serious injuries. Some of the ways that motorcyclists can reduce the risk of accidents and fatalities include:
- Always wear a helmet. For decades, data have repeatedly shown that riders who wear helmets are less likely to sustain fatal injuries than those who do not, which is why many states require the use of helmets. This is why states without helmet requirements tend to have higher motorcycle fatality rates, as more riders are unprotected in crashes.
- Make yourself visible. It is more difficult for drivers to see a smaller vehicle with less lighting (such as a motorcycle). Use your lights and horn as necessary to make your presence known. Wear light or reflective clothing to stand out.
- Be especially cautious at night, during inclement weather, and at any other time visibility is limited. Conditions can make it even more difficult for drivers to see you.
- Slow down. Speed increases the severity of injuries that are sustained in an accident. It also gives you less reaction time, meaning you are more likely to crash in the first place.
- Slow down and use caution whenever the roadway isn’t clear. If there is rain, snow, construction, or other debris in the roadway, you could lose control of your bike. Slow down and steer around these obstacles whenever possible.
- Don’t assume you will have the right-of-way, even when it is yours. Remember that it is more difficult for drivers to see your motorcycle than it is for them to see other cars. Slow down and check if the other driver intends to yield to you before proceeding.
Who Is At Fault In A Motorcycle Accident?
Depending on the facts of your case, there are many different parties who could potentially be at fault for causing your injuries. There could even be multiple parties responsible for the same accident. It is advisable to consult with an experienced motorcycle lawyer to help you identify all potential defendants for your injury claim.
The following are some of the potentially liable parties in a motorcycle accident case.
The Motorcyclist
Any time a motorcycle is involved in an accident, it is possible that the accident was caused by the motorcyclist. A passenger on the back of the bike, other drivers and their passengers, pedestrians, or bicyclists can be injured in a motorcycle accident.
If the motorcyclist was at fault for causing the accident, their liability insurance may be used to compensate those injured. Motorcycle riders are required to carry auto insurance with liability coverage. Like drivers, they must have insurance to cover any injuries they may cause on the road.
Other Drivers
Often, a motorcycle accident is caused by a driver who simply did not see the motorcycle. Drivers are legally required to operate their vehicles with due care, meaning they must look out for other road users, including motorcyclists. If not, the driver can be found negligent and ordered to pay for the resulting injuries and losses.
The Motorcycle Manufacturer
Some auto accidents are caused by defective vehicles. Manufacturers are required to sell vehicles that are free from defects. If not, and someone is injured as a result, the manufacturer can be found liable for the resulting damage, meaning that a car manufacturer can be ordered to pay injury claims for everyone who was hurt in an accident caused by one of its defective vehicles, which is why many auto manufacturers will choose to pay for a costly recall rather than wait for injuries to happen.
Motorcycles can be recalled in the same manner as passenger vehicles. Our accident lawyers work with expert witnesses to establish that a motorcycle was defective.
Pedestrians Or Bicyclists
Pedestrians and bicyclists are more vulnerable compared to other road users. Unlike motor vehicle occupants, they have no protection from the full force of a collision. Bikers can get limited protection from head injuries by wearing a helmet. Pedestrians do not even have that much protection.
Because these road users get the full force of impact, their injuries are more likely to be fatal. Injured pedestrians and bicyclists may be able to pursue various forms of compensation, not just payment for their medical bills.
Available Compensation In A Motorcycle Accident Claim
The law allows injury victims to seek compensation for all their losses, including both financial and emotional losses, through a personal injury lawsuit.
Keep in mind that the first offer from the other driver’s insurance company may not represent the full value of your injuries and losses. Our experienced injury lawyers can evaluate your damages and determine the potential value of your claim. We work to help you pursue compensation to the full extent of the law.
Below are the types of compensation available in a motorcycle accident case:
Lost Wages & Future Earning Losses
Many injury victims end up missing at least some time at work as a result of the accident. Even if it is just a few hours right after the accident happens, these hours represent lost wages and may be included in your claim. Whether you are out for a few hours or a few weeks, Arash Law can help calculate the total lost wages.
If you missed a set number of hours or days from work, your employer could provide a simple statement showing exactly how many hours you missed and what your hourly rate of pay is. Salaries are prorated based on a forty-hour workweek.
Your lost wage claim may include income you would have earned between the date of your accident and the expected date of your retirement if you sustained permanent injuries. If you are able to return to part-time work or a different job, you may still be able to include the difference between what you were able to earn before the accident and the reduced amount you are able to earn in the future.
It may also include the value of any lost employment benefits, like employer contributions to health insurance premiums or retirement accounts. Calculating future lost wages can be a complex process. Our motorcycle injury lawyers work with financial and vocational professionals to determine the value of these losses.
Medical Bills
Injury victims may be eligible to seek compensation for the medical bills they accrue as a result of the accident. Our attorneys work with professionals to estimate the value of your future medical expenses, as compensation may include the costs of ongoing and future care related to your injuries.
Pain And Suffering
For many personal injury claimants, pain and suffering typically account for a significant portion of compensation. This includes intangible losses such as physical pain, emotional distress, loss of enjoyment of life, missed family events, and strained relationships. Our injury lawyers at Arash Law work to address issues in personal injury cases and help you seek compensation for your pain and suffering.
Injury Lawyers For All California Motorcycle Accidents
Our skilled injury attorneys have decades of experience handling motorcycle accident cases and helping accident victims pursue legal claims against at-fault parties. We understand the technical and legal issues that are raised by motorcycle accidents, and we work to help establish negligence and seek accountability on your behalf. We also handle other types of personal injury cases, including car accidents, truck collisions, dog bites, slip-and-fall incidents, and wrongful death.
Our team at Arash Law also offers our legal services in San Francisco, Riverside, San Jose, San Diego, Sacramento, Sherman Oaks, and other areas in California. Our lawyers can come to you wherever you are in the state. Call (888) 488-1391 or complete our “Do I Have A Case?” form here to schedule your free initial consultation. Our attorneys are committed to advocating for your rights throughout the claims process.
