People who choose to commute by motorcycle face additional risks of harm. Motorcycle riders are exposed and vulnerable, with little standing between them and the vehicles with which they share the road. If motorcycle accidents occur, the injuries are often devastating.
However, motorcycle injuries can occur in different ways. While riders often sustain the worst injuries from the impact of another vehicle, there are also serious injury risks with falling from a bike and striking the ground. In either case, a compassionate personal injury attorney in DuBois could help you seek compensation for your losses.
If a negligent person caused you to become injured in a motorcycle wreck, you could seek to hold them accountable for your harm. A DuBois motorcycle accident lawyer could investigate your claim and advise you on your best course of action based on your claim.
A person harmed in a motorcycle collision could recover compensation through a settlement or the litigation process. While many claims settle out of court, if both parties cannot agree on an acceptable recovery, a victim may choose to file a lawsuit and proceed to trial.
The victim must prove that the defendant caused the accident by behaving negligently. Negligence involves a reckless, careless, or failure to act reasonably in the circumstances, that leads to harm. For example, if a defendant was found to be driving while fatigued or impaired, he or she could be found negligent.
In addition to proving the defendant was at fault, a DuBois attorney must also show the plaintiff suffered recoverable damages in the motorcycle crash. This could include medical bills, pain and suffering, or motorcycle repair expenses.
There are several regulations designed to protect motorcyclists. These laws can apply to both riders and the equipment that they rely on — the most prominent being helmet laws.
Every state approaches helmet requirements differently. In the past, state law made helmets mandatory for all riders. However, this requirement was repealed in 2003 and replaced with situational regulations.
Helmets are mandatory in limited circumstances. Both motorcyclists and their passengers must wear a helmet if they are under the age of 21. Passengers 21 and older must wear a helmet if the operator is required to do so. Additionally, anyone with a learner’s permit must also wear a helmet.
There are some exceptions to these helmet requirements. The use of a helmet in a three-wheel motorcycle is exempt from these regulations if the vehicle includes an enclosed cab.
An at-fault party could argue a victim is partially responsible for his or her injuries by failing to comply with helmet laws. If a court agrees that the plaintiff could have mitigated his or her injuries by wearing a helmet, it could reduce the damages awarded at trial. A DuBois attorney could help increase an injury victim’s chances of recovery by establishing he or she complied with state motorcycle helmet laws.
If you suffered injuries in a motorcycle crash, you could have the right to recover compensation for your losses. A DuBois motorcycle accident lawyer could help hold the responsible party accountable for your injuries while seeking damages on your behalf. Call a lawyer with Marcus & Mack now to get started.
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