Common Misconceptions About Motorcycle Accidents and Liability
Many people make unfair assumptions about motorcyclists—for example, that they are reckless thrill-seekers. Unfortunately, this leads to several common misconceptions about motorcycle accidents and liability for accident-related injuries, many of which can end up affecting the outcomes of both private insurance negotiations and civil court trials.
Fortunately, the dedicated motorcycle injury lawyers at Tomeny | Best could help you establish the truth about how you got hurt and make sure the right people are held responsible for your injuries. Here are some examples of assumptions we often see during claims like this, which we could help you fight against.
Motorcycle Operators Are Always at Fault for Wrecks
The single most common misconception about liability for motorcycle accidents is a simple one: namely, that motorcyclists are more likely to be aggressive and irresponsible on public roads than other drivers. The reality, though, is exactly the opposite. It is actually much more common for negligent commuter car drivers to injure motorcyclists near them than it is for careless motorcyclists to cause themselves to get hurt.
Most Motorcycle Crashes Happen at High Speeds
Along similar lines, both motorcycle riders and people who have never been near a motorcycle in their lives often mistakenly assume that speeding is a common cause of motorcycle wrecks and that those wrecks tend to happen on highways more often than on other roads. Once again, though, the reverse is true: according to data from the United States Department of Transportation, only a small fraction of motorcycle crashes involve motorcyclists going over the posted speed limit, and a majority of wrecks occur when the motorcyclist involved is traveling at less than 45 miles per hour.
Helmet Use Does Not Impact Motorcycle Injury Lawsuits
You have probably already heard that wearing a helmet while riding will substantially reduce your risk of a life-altering brain injury in a crash, and you may even have seen the scientific data backing up that conclusion. However, one misconception about motorcycle accident liability is that not wearing a helmet does not affect your ability to sue someone else over injuring you in a wreck. In reality, certain states, including Louisiana, consider the failure to wear a helmet as comparative fault on the part of an injured rider, if wearing a helmet could have prevented or lessened the severity of the rider’s injuries.
Motorcyclists Cannot Sue Over Accidents For Which They Were Partly at Fault
That said, it is worth emphasizing that most states do not prevent you from suing for damages after a motorcycle wreck just because you were partially at fault for the accident. While you may be subject to a reduction in available compensation based on your court-assigned percentage of fault, it is still worth pursuing at least some compensation for your damages whenever possible.
Call Us To Discuss Common Misunderstandings About Motorcycle Accidents and Liability
If you have further questions regarding common misconceptions about motorcycle accidents and civil liability, our attorneys could provide the answers and information you need during a confidential consultation. Call Tomeny | Best today to schedule yours.
