Auto Accident

Types of Accidents Involving Motorcycles

»Posted by on Nov 3, 2016 in Auto Accident | 0 comments

In 2012, the number of motorcycle accidents, as reported to the U.S. National Highway Traffic Safety Administration (NHTSA) was 112,000. The number of accidents that caused injuries was 93,000, while fatal accidents totaled to 4,957. Over the coming years, the possibility of motorcycle accidents increasing is more likely as the number of Americans acquiring and riding motorcycles also continues to multiply.

Analysis of motorcycle crash data show that those who usually get involved in motorcycle accidents are riders who never received formal riding education. These are people who believed that learning from friends or kin how to ride, rather than enrolling in a riding school, was enough. Thus, they never realize that motorcycling is not just learning how to maneuver a motorbike through traffic, it is rather learning how to ride safely.

Motorcycle accidents are classified under two categories: single vehicle motorcycle accidents and multiple-vehicle accidents. Single vehicle motorcycle accidents are more common motorcycle crashes than multiple-vehicle accidents. Its causes include riding with a high blood alcohol level, riding too fast even during poor weather conditions, and failure to brake and maneuver properly, especially when approaching a bend. A rider committing any of these mistakes often result to him/her losing his/her balance and crashing into road fixtures or getting thrown off from his/her bike.

Though less common, multiple-vehicle crashes are, however, causes of more serious injuries. This type of accident involves another vehicle. One example of multiple-vehicle crash, which also happens to be the most dangerous and the most injurious, is head-on collision, which often occurs in undivided rural highways or when one vehicle, either the motorbike or the other vehicle, travels on the wrong side of the road.

Majority of multiple-vehicle crashes occur due to drivers failing to notice approaching motorcyclists or drivers denying motorcyclists their right of way (in these situations drivers are the ones at fault during accidents, though fault is not too easy to prove). Often, rather than accepting fault, most drivers rather blame on motorcycle riders, saying that riders careen in and out of traffic, putting their own and other lives at risk.

The National Highway Traffic Safety Administration (NHTSA) says that motorcycle riders, especially in multiple-vehicle crashes, are more susceptible to injuries or death due to the absence of whatever may protect them from the force of impact created during collision.

Wausau personal injury lawyers, likewise, says that motorcycle accidents account for a significant number of serious or fatal automotive accidents in the United States each year. Because motorcyclists are not able to rely on the types of protections that other motorists enjoy, even a relatively minor accident can have devastating consequences for the victims, potentially resulting in costly medical treatment and lost income that victims and their families may not be able to afford. As such, a victim of a motorcycle accident that is due to someone else’s reckless or irresponsible behavior may require significant compensation in order to deal with the challenges ahead. Fortunately, it is often possible for an injury victim to file a motorcycle accident claim to pursue this compensation.

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Respondeat Superior in Truck Accident Liability

»Posted by on Apr 30, 2013 in Auto Accident | 1 comment

You may be going “huh?” but when your truck accident lawyer considers this or the dangerous instrumentality doctrine, it refers to a type of liability where the owner of a tool may be held accountable for any damage or injuries it may cause.

If you are going “huh?” again, you should consider that a truck, because of its sheer size and weight, poses a greater danger to other vehicles and people the road than does your ordinary vehicle, and should therefore be operated by a qualified and responsible person. The truck driver, by virtue of the vehicle being controlled, may be considered a tool with a potential for great damage. The “owner” (employer) of that tool is therefore liable for any injury or damage that may result under the dangerous instrumentality doctrine.

Respondeat superior is phrased somewhat differently but may be interpreted to essentially mean the same thing. The liability for a truck accident may be laid at the door of the principal (owner) if it is due to driver negligence while in the execution of regular duties or otherwise functioning as an employee. The employer is liable under the theory that little or no care was given to the hiring of the truck driver, who provide not fit to be in control of a truck, or negligent hiring. There are other ways that an employer may be considered liable for a truck accident, including illegal extension of a truck driver’s work hours or inadequate maintenance of a truck, depending on the circumstances.

Claims against the employer when a commercial truck accident may be considered when the truck driver is incapable of compensating an injured party be he or she ever so willing. An experienced truck accident lawyer would be able to gauge what and how to file a claim against an employer to recover damages resulting from injuries.

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