Is an Accident With a Motorcycle the Same as With a Car?
Is getting into an accident with a motorcycle the same as a car accident? The answer is “kind of” because of the difference in the severity of each accident’s associated injuries. Motorcyclists have little if any protection such as an airbag and solidly constructed seats to cushion the impact of a vehicle collision. Some motorcycle accidents throw the rider from the seat of the motorcycle and the fall to the ground can result in life-threatening injuries. Although car accidents can generate severe injuries, the occupants of motor vehicles enjoy much more protection, as well as benefit from several safety features that are not available to motorcyclists.
Although the difference in injuries can make a car accident different from a motorcycle accident, the two vehicles share many of the same attributes, such as the process for filing a civil lawsuit that seeks monetary damages. The statute of limitations for filing a personal injury lawsuit for both car and motorcycle accidents is the same as well. Regardless of whether you collided with a car or a motorcycle, your personal injury attorney must prove the same four elements of negligence for you to build a strong enough case to receive monetary damages to recover financial losses.
For more than 35 years, Morgan and Morgan has represented clients that got involved in car and motorcycle accidents. Our team of experienced personal injury attorneys has recovered more than $20 billion in compensation for our clients. We handle all types of vehicle accidents, including those that involve automobiles and motorcycles. Morgan and Morgan also helps clients file the most persuasive insurance claims. Whether you are a victim of a car or motorcycle accident, schedule a free case evaluation with one of the personal injury attorneys at Morgan and Morgan to determine the best course of legal action.
More answers to commonly asked questions
What Are the Most Common Causes of Vehicle Accidents?
Cars and motorcycles share many things in common when it comes to accidents, such as the most common causes of collisions.
Distraction
Both motorists and motorcyclists face several types of distractions. Texting while operating a motor vehicle remains the most frequent type of distraction. Many states have banned the practice of texting and operating a motor vehicle, but unfortunately, many car and motorcycle owners continue to text and drive. Eating while operating a motor vehicle represents another common factor that causes collisions. Car owners can face a type of distraction not faced by motorcyclists if they drive with passengers in the same vehicle. Passengers, especially children, can pose a significant distraction that produces a vehicle collision.
Under the Influence
Because of the seriousness of operating a vehicle while under the influence of drugs and/or alcohol, virtually every state has passed laws that have increased the punishment for violating driving under the influence statutes. Most states also have lowered the Blood Alcohol Content (BAC) maximum to .08. Driving under the influence of drugs and/or alcohol dramatically slows down reaction times. Operators of cars and motorcycles also experienced impaired judgment, which can lead to poor decisions such as speeding through a red light or trying to pass another vehicle in a no-passing zone.
Reckless Driving
Taking unnecessary chances while riding a motorcycle or operating an automobile can place other motor vehicle operators in harm’s way. Speeding is the most common type of reckless driving. The faster a vehicle travels, the more powerful the impact is at the time of a crash. Running red lights and stop signs represent another common type of reckless driving. Whether you collided with an automobile or motorcycle, the personal injury attorney from Morgan and Morgan assigned to your case conducts a thorough investigation that includes gathering physical evidence that demonstrates one or more acts of reckless driving.
How Does My Attorney Prove Negligence?
Is getting into an accident with a motorcycle the same as a car accident? The answer is yes when it comes to proving negligence. Whether you struck a car or a motorcycle, your lawyer must demonstrate the other party violated the duty of care doctrine. Duty of care means an operator of a motor vehicle is responsible for taking steps to protect other drivers against harm. Violating the duty of care doctrine can include reckless driving and operating a motor vehicle while under the influence.
The personal injury lawyer from Morgan and Morgan then must show the accident caused your injuries. You accomplish proving this element by submitting a copy of the accident report, as well as copies of accurately dated medical records. The other party’s attorney might claim you sustained your injuries from another incident. As the fourth element of proving negligence, you must submit copies of bank statements and medical bills to verify how much money the vehicle accident has cost you.
Learn more about how to file a convincing insurance claim and a civil lawsuit for a motor vehicle accident by scheduling a free case evaluation today with a personal injury attorney from Morgan and Morgan.