Motorcycles offer their riders breathtaking views, economical transportation means, and superb parking opportunities. Unfortunately, motorcyclists are at greater risk for injury or death in an accident.
Because of this, most states have laws and regulations to protect motorcyclists from the hazards they may face from other drivers. However, other drivers may not obey these laws, and when accidents occur, serious injury and death can result.
Motorcycle Risks
The National Highway Traffic Safety Administration concedes, “Safe motorcycling takes balance, coordination, and good judgment.” Unfortunately, even the best motorcyclist may face an accident as motorcyclists are at a greater risk of accidents, injury, and fatalities due to the negligence of other drivers.
Motorcyclists accounted for 15% of all traffic deaths every year. NHTSA compared motorcyclists and passenger vehicles based on miles traveled and found that “motorcyclists were about 22 times more likely than passenger vehicle occupants to die in a motor vehicle crash and motorcyclists were 4 times more likely to be injured.”
Reduced Visibility
Often a singular issue motorcyclists face causes the resulting accidents: visibility.
Many contributing factors cause reduced visibility of motorcycles. Here are a few:
- Motorcycle size affects the ability of others to judge their speed and distance from other vehicles.
- Motorcycles don’t fill the lane as they aren’t as wide as cars or trucks.
- Motorcycles have different lighting set-ups making them less obvious than motor vehicles. Often a singular front headlight, smaller turn signals, and a singular brake light on the bike’s stock lighting options.
- Visibility is reduced further if riders are wearing darker clothing without reflective gear.
- Smaller sizes mean motorcycles can fall into another vehicle’s blind spot. This becomes more dangerous when motorcycles pass cars or trucks. Drivers must double-check blind spots as sharing the road is everyone’s responsibility.
- Intersections reduce visibility. Other motorists often don’t see motorcycles at intersections and may not give them the right of way, causing accidents. In fact, according to the National Highway Traffic Safety Administration, 35% of motorcycle fatalities happen at intersections.
Despite motorcycles’ reduced visibility, other drivers must pay attention to motorcyclists.
Two-wheelers and three-wheelers, or trikes, lack the protective shell and safety features of common passenger vehicles. Protective gear cannot completely protect motorcyclists. In fact, eighty-six percent of motorcycle crashes involve an injury or fatality.
Protecting Motorcyclists: Common Regulations
Although laws, rules, and regulations for drivers differ in every state, many comparable requirements protect motorcyclists.
Motorcycle Endorsements or Licenses
All states require a motorcycle endorsement or motorcyclist license to operate a motorcycle. Some states require a safety education program to encourage safe riding habits. Often motorcyclists must pass a written and riding exam.
For example, New Jersey offers the NJ Motorcycle Safety Education Program (MSEP) Basic Rider Course (BRC), New York offers the New York State Motorcycle Safety Program, and Pennsylvania’s Motorcycle Safety Program has different class levels based on basic, intermediate, and advanced levels of rider skills.
Helmet Laws
Many states require helmets, as their use has saved many lives. In fact, helmets are 37% effective in preventing fatalities for motorcyclists.
Insurance Required
Part of owning and driving a motorcycle includes registering it with your state and getting the minimum amount of motorcycle insurance for that state. Consider purchasing more insurance in case of an accident.
Use Eye Protection
You must have some sort of protection from the wind and elements. If your bike doesn’t have a windshield, wear protective eye goggles or a face shield to protect your eyes.
Goggles and other protective gear can keep the wind, debris, and bugs out of your eyes while driving, protecting you from eye pain or temporary blindness, both could cause accidents.
Passenger Seats and Footrests
You cannot carry passengers if your bike is not equipped with footrests and seating.
Daytime Headlight Use is Required
Due to the visibility issues motorcyclists face, many states require headlights to remain visible while operating the bike, whether day or night. Many accidents occur as other cars turn into the path of an oncoming motorcycle. Headlights may prevent accidents if drivers see them in time.
Full Use of Lane
Cutting into a motorcycle’s lane and depriving the motorcyclist of full use of the lane can cause accidents, and it’s illegal.
In most places, motorcyclists can ride two abreast in a single lane. Motorcyclists require the whole lane to avoid obstacles, gain visibility, and maneuver their bikes safely.
No Speeding
Follow the posted speed limits. This law is simple, but many drivers ignore it anyway. Speeding is a leading cause of motorcycle accidents and deaths.
No Tailgating
Rear-end collisions are often the result of tailgating, and a rear-end collision can kill a motorcyclist. Motorcyclists are at greater risk of danger from drivers who follow too closely.
Due to their size, motorcycles may change their speeds and direction differently than larger vehicles, and other drivers should understand this and give them space. Just because they are smaller doesn’t mean they shouldn’t get the same respect as semi-drivers.
States offer regulations and guidelines to drivers, including the ability to calculate a clear distance between one’s vehicle and the vehicle in front of them.
Many states set the three- or four-second rule—the seconds one counts between the moment the vehicle in front of you passes a stationary object and the moment you pass the same stationary object.
Don’t Drive While Distracted
With the increase in smartphones, GPS applications, and hands-free communication, cell phones create an enormous potential for distracted driving.
Distracted driving claimed the lives of 3,308 people in one recent year. Due to the visibility issues mentioned earlier, motorcycles are more susceptible to an accident with a distracted driver.
Consequently, some states have passed laws, penalties, and fines for using cell phones while driving.
Don’t Drink and Drive
Laws prohibit the use of motor vehicles while under the influence of mind-altering substances, but drinking and driving continues to cause accidents. Because drinking and drugs affect perception, visibility, and judgment, driving under the influence can have devastating results for motorcyclists.
Use Signals
Turn signals indicate your intentions to other drivers. Most states require drivers to use these signals whenever they change lanes or turn.
Mind the Blind Spot
Few specific laws require drivers to check blind spots. Instead, most states require drivers to act with reasonable diligence. To prevent accidents and keep everyone safe, drivers must check all of their blind spots before changing lanes.
Who Is Responsible for My Motorcycle Accident Injuries?
If another driver caused your accident or your injuries, the other driver becomes responsible. Non-compliance with driving laws makes the other driver negligent.
After your motorcycle accident, contact the local authorities who arrived on the scene and request a police report. The report will document the accident scene, witness statements, contact information, and citations issued at the site.
Then, speak with an attorney about your legal options after the accident.
Possible Compensation Types in Your Motorcycle Accident
If another driver’s negligence caused your accident and injuries, the negligent driver must compensate you for your injuries. You can claim compensation for many types of damages.
Determine with your lawyer which damages you may recover through your case.
- Medical expenses: These expenses include the costs of the ambulance ride, emergency room visit, hospital stay, prescription medicine, therapies, surgeries, and more. Ongoing care is likely after a motorcycle accident. Your lawyer should include an estimate of these future expenses.
- Property damage: Likely, the accident damaged your motorcycle, and compensation will help repair or replace it. Don’t forget to list your broken electronics, riding clothes, eye protection, saddlebags, etc.
- Lost income: If your accident and injuries caused you to miss work for days, weeks, or even months, you may recover compensation. Your accident may have reduced your work hours or your ability to perform your job. Ask about future lost earning potential.
- Emotional distress: Trauma can occur during any accident, and motorcycle accident survivors often suffer from anxiety and depression, and post-traumatic stress disorder (PTSD) can develop after an accident.
- Scarring and Disfigurement: Physical reminders can take an emotional toll as reminders of the accident.
- Loss of Enjoyment of Life: If you cannot enjoy life as you once did, you could recover compensation.
After a motorcycle accident, contact a lawyer without delay. When taking legal action, a lawyer can file your claims and lawsuits before the state’s statute of limitations has passed.
The Rothenberg Law Firm LLP has obtained billions for its clients and has over 50 years of experience. Contact The Rothenberg Law Firm LLP today at (800) 624-8888 for a free consultation or visit our website to discuss your legal options after your motorcycle accident.
