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Michael Agruss

Written and Reviewed by Michael Agruss

  • Managing Partner and Personal Injury Lawyer at Mike Agruss Law.
  • Over 20 years of experience in Personal Injury.
  • Over 8000+ consumer rights cases settled.
  • Graduated from the University of Illinois Chicago School of Law: Juris Doctor, 2004.

The law governing motorcycle operators differs significantly from that governing big commercial vehicles and other autos. Despite the freedom that motorcycles enjoy, they pose a significant risk. According to the National Safety Administration, a total of 5,014 motorcyclists died in motorcycle accidents in the United States in 2019, up from 5,038 in 2018. In comparison to motor vehicle accidents, motorcycle accidents result in 29 times the number of deaths in only one mile of travel.

With such disturbing figures, it’s critical that motorcycle riders are aware of their safety responsibilities. So, if a motorbike accident occurs by chance, the victim’s family should pursue a motorcycle accident case to recover the loss caused by another person’s negligence.

Common Causes of Motorcycle Accidents

Road Hazards

Blown tires, potholes, and debris are all significant causes of motorcycle accidents. Hazard-related motorcycle accidents commonly occur due to a rider colliding with an obstacle, attempting to avoid the obstacle only to collide with another vehicle, or sliding off the road.

High-Speed Hazards

Riders that travel at fast speeds are prone to severe injuries. Motorcycles traveling faster are more likely to have speed-wobbles caused by a misalignment of the front tire, which causes it to wobble unsteadily. Problems with the motorcycle’s construction can also cause speed wobbles. A product liability lawsuit may require the manufacturer to answer for any problems caused by their product. 

Riding Expertise

Riding a motorbike necessitates the rider’s mastery of the necessary abilities to operate the machine on the road properly. A rider must have knowledge and experience to ride safely. Furthermore, unlike motor vehicles, the severity of accidents for a rider can be quite high. As a result, before attempting to ride on a busy road, one’s riding skills must be sufficiently honed.

Low Visibility

Motorcycles are much smaller than other forms of transportation. They’re also more agile, allowing motorcyclists to change lanes more quickly. Because it’s small and moves swiftly, a motorcycle may be overlooked by another vehicle, resulting in a collision. This is particularly true at junctions, where roughly 70% of all motorcycle accidents occur.

What happens after a fatal motorcycle accident?

The losses and compensation resulting from a motorcycle accident fatality are not the same as the damages that might follow from a motorcycle accident injury.

It’s critical to distinguish between the periods in question when assessing the value of wrongful death claims originating from motorcycle accidents. We frequently consider what happened before and after the victim died when assessing the financial compensation of the decedent’s family.

As a result of the victim’s death, the victim’s family can sue for compensation for the victim’s pain, expenses, and other damages. In some cases, litigants may be entitled to demand damages for the loss of consortium.

What are the defenses to wrongful death claims after a motorbike accident?

Your wrongful death defendant will almost definitely not give up without a fight. Whether it’s a motorcycle accident or another form of incident, defendants will nearly always try to find someone else to blame.

They usually begin by blaming the motorcycle rider. They frequently allege that the collision happened as a result of their irresponsible driving.

Defendants will use a variety of approaches in a wrongful death motorcycle accident case. They will try to accuse another motorist or someone else. If all else fails, defendants will endeavor to minimize your claim for damages or the amount of damages you can receive.

Who is eligible for compensation in the event of a fatal motorbike accident?

 Courts typically seek to determine who had a relationship with the deceased rider and who suffered due to his death. This list usually includes spouses, children, and parents, but it can also contain others.

How much compensation can the family get after a fatal motorcycle accident?

After a motorbike accident or any other type of accident, the amount of money you can get in a wrongful death claim is solely decided by the extent of your injuries. The law should compensate you for your damages. 

Plaintiffs often recover the amount they suffered as a result of economic damages such as medical expenditures and lost income.

 The law also allows you to seek and obtain two to five times the amount of your economic damages for non-economic losses such as loss of companionship, pain and suffering, and other non-economic damages. If you cooperate with a good lawyer, you can use these calculations to predict what you’ll obtain in court.

Seek Legal Assistance

Each state has its own set of motorcycle legislation and insurance requirements. Even under your state’s automobile regulations, motorcycle standards are likely to differ from those for other vehicles. When pursuing a compensation claim, you need an empathetic, effective personal injury lawyer committed to getting you the most money possible. Additionally, their background will equip them to deal with insurance companies and other defendants in motorcycle accident situations.

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