Motorcycle accidents are often catastrophic, with injuries that can be life-altering for the victims involved. As a motorcyclist, the risks of being involved in a crash are elevated due to the vulnerability of riders, who lack the protection of a car’s metal frame, airbags, and seat belts. When motorcycle accidents occur, they often result in severe injuries, significant medical expenses, lost wages, and sometimes long-term disability. Given the complexity of these cases, it is essential to understand who the potential defendants might be, what kind of injuries can arise, why these accidents occur, and why hiring a skilled and experienced trial attorney is crucial for securing compensation.

At Gunn | Slater, we specialize in representing victims of motorcycle accidents and fighting for their rights to receive compensation for their injuries. Our team has the experience, knowledge, and dedication to ensure that you have the best chance of a favorable outcome in your case. In this article, we will explore key elements of motorcycle accident claims, including common causes of accidents, types of injuries, and how the litigation process unfolds. We’ll also discuss why our law firm is the best choice to represent you after a motorcycle accident.

Who Are the Defendants in Motorcycle Accident Cases?

Motorcycle accident victims may face multiple defendants depending on the circumstances of the crash. Understanding who might be liable is an important step in building a strong case. Below are some of the potential defendants in motorcycle accident cases:

Other Drivers

In the majority of motorcycle accidents, the most common defendant is the other driver involved in the crash. Drivers of cars, trucks, buses, or other vehicles can be held responsible if their careless or negligent driving behavior caused the accident. Common causes of driver negligence include:

Distracted Driving: Texting, talking on the phone, eating, or otherwise not paying attention to the road can lead to accidents.

Speeding: Excessive speed is a leading cause of motorcycle accidents and often results in more serious injuries.

Failure to Yield or Stop: Many motorcycle accidents occur when a driver does not stop at a stop sign, runs a red light, or fails to yield the right of way.

Impaired Driving: Driving under the influence of alcohol or drugs is a major cause of motorcycle accidents.

Reckless Driving: This includes tailgating, aggressive lane changing, and other forms of risky driving behavior.

The Highway Department or Government Agencies

In some cases, the responsibility for a motorcycle accident may fall on a government entity, such as a city, county, or state highway department. A government agency may be liable if the road conditions are unsafe due to poor maintenance, inadequate signage, or other issues. For example:

Poor Road Conditions: If a pothole, loose gravel, or a poorly designed road causes an accident, then the agency responsible for maintaining the road could be at fault.

Inadequate Signage or Warning Signals: Lack of clear warning signs about road conditions, sharp turns, or upcoming hazards can lead to accidents.

Negligent Road Design: Some motorcycle accidents occur because of roads that are poorly designed, with unsafe curves or inadequate shoulders.

Manufacturers of Defective Motorcycles or Parts

Motorcycle manufacturers can also be defendants in accident cases, particularly if the crash was caused by a defect in the motorcycle or its parts. Motorcycle manufacturers have a duty to ensure that their products are safe for use and free from defects that could cause injury. Defective parts could include:

Brakes, tires, or suspension failure

Faulty electrical systems

Design flaws or manufacturing errors

In these cases, the manufacturer could be held liable under product liability laws if the defect in the motorcycle contributed to the accident.

Animals or Wildlife on the Roadway

Sometimes, animals on the road can cause accidents, particularly for motorcyclists, who are at a higher risk of losing control if they encounter an animal. In such cases, the property owner or the agency responsible for managing wildlife could be held accountable if their negligence contributed to the accident.

For example, if a wild animal, such as a deer, darts into the road, a motorcyclist may swerve to avoid the animal, leading to a crash. Similarly, if an animal escapes from a nearby property due to negligence by the property owner (e.g., a poorly maintained fence), then the owner might be liable for the accident.

Common Motorcycle Accident Injuries

Motorcycle accidents frequently result in severe injuries, particularly because riders lack the protection of a vehicle’s frame. The most common injuries include:

Traumatic Brain Injuries (TBIs): Even with a helmet, motorcyclists are still at risk of suffering brain injuries from the impact of a crash. TBIs can lead to permanent cognitive and physical impairments, including memory loss, difficulty concentrating, and paralysis.

Spinal Cord Injuries: Damage to the spinal cord can lead to partial or full paralysis, depending on the severity and location of the injury.

Broken Bones: Fractures, especially to the legs, arms, and ribs, are common in motorcycle accidents.

Road Rash: Severe abrasions or burns from sliding on the pavement can result in deep skin injuries, infections, and permanent scarring.

Internal Injuries: Blunt force trauma from a motorcycle crash can cause internal bleeding or damage to vital organs.

Amputations: In some severe cases, a motorcyclist may lose a limb due to the severity of the accident.

Why Do Motorcycle Accidents Happen?

Motorcycle accidents can occur for various reasons, but some of the most common causes are linked to driver negligence, poor road conditions, or vehicle defects. Let’s explore these factors in more detail:

Careless or Negligent Drivers

As mentioned earlier, the most common cause of motorcycle accidents is negligent drivers. Motorcyclists are particularly vulnerable because they are less visible on the road, and many drivers fail to recognize the danger they pose to motorcyclists. The risks of driving without caution or being distracted are amplified when motorcyclists are involved, as a minor mistake can lead to serious consequences for the rider.

Highway Department Negligence

Highway departments can be negligent if they fail to maintain or properly design roadways, creating hazardous conditions for motorcyclists. Poorly designed intersections, missing road signs, and poorly maintained road surfaces can contribute to accidents. Government entities must take steps to ensure roads are safe and clearly marked to protect all road users, including motorcyclists.

Animals on the Roadway

Animals on the roadway pose a particular danger for motorcyclists. Unlike drivers of enclosed vehicles, motorcyclists do not have the protection of a steel frame around them. An unexpected encounter with an animal can cause a rider to lose control of the motorcycle and crash. Even without another driver or company at fault, you may still be able to recover compensation from your own motor vehicle insurance. Call us to inquire.  

Defective Roads or Motorcycles

Defects in motorcycles or the road itself can lead to accidents. Motorcycle manufacturers and government agencies are responsible for ensuring that their products and roads are safe for use. Whether due to poor design, faulty parts, or failure to maintain roads, these defects can lead to catastrophic accidents.

The Litigation Process for Motorcycle Accident Victims

If you’ve been involved in a motorcycle accident, pursuing a legal claim can be a complex and lengthy process. Here’s an overview of what the litigation process might look like for a motorcycle accident victim:

Step 1: Investigation

Once you hire an attorney, the first step is usually to investigate the circumstances surrounding the accident. This may involve gathering police reports, witness statements, photographs of the scene, medical records, and expert testimony.

Step 2: Filing the Lawsuit

If negotiations with the insurance company do not lead to a fair settlement, then your attorney may file a lawsuit on your behalf. The lawsuit will lay out the legal claims against the defendant(s) and seek damages for your injuries.

Step 3: Discovery

During the discovery phase, both parties will exchange evidence, including documents, depositions, and expert testimony. This phase can take several months, depending on the complexity of the case.

Step 4: Settlement Negotiations

Most motorcycle accident cases are settled before trial. Your attorney will negotiate with the defendant’s legal team or insurance company to secure a fair settlement. If a settlement is not reached, then your case will proceed to trial.

Step 5: Trial

If your case goes to trial, a jury will hear evidence and decide the outcome. A skilled trial attorney can present your case persuasively to the jury and advocate for the compensation you deserve.

Why You Need a Skilled Motorcycle Accident Attorney

Motorcycle accident cases can be complicated, and there are many factors to consider, including the severity of your injuries, the degree of negligence involved, and the potential biases jurors may have against motorcyclists. It’s essential to have a knowledgeable, experienced, and skilled attorney who understands the complexities of these cases. A strong trial attorney can help you navigate the legal system, fight for your rights, and secure a fair settlement or judgment.

At Gunn | Slater, we specialize in motorcycle accident cases and have a proven track record of successfully representing injured motorcyclists. Our team understands the unique challenges faced by motorcycle accident victims and is committed to providing the highest level of legal representation. We will thoroughly investigate your case, negotiate with insurance companies, and, if necessary, take your case to trial to ensure that you receive the compensation you deserve.

Why Choose Gunn | Slater?

Our law firm has extensive experience handling motorcycle accident cases. We understand the medical, emotional, and financial toll these accidents take on victims and their families. Our team is dedicated to providing compassionate, personalized legal representation, and we won’t rest until we secure the best possible outcome for you.

We also understand that motorcyclists face certain challenges in the legal system, including jury bias. Many jurors may hold negative stereotypes about motorcyclists, and we work hard to overcome these biases to present your case in the best light. Our team will aggressively advocate for your rights and fight for the compensation you deserve.

If you have been injured in a motorcycle accident, don’t wait to get the legal help you need. Contact Gunn | Slater today for a free consultation and let us help you get the justice you deserve.