Car accidents are one of the leading causes of injuries and deaths across the United States. Being on the road in a vehicle that weighs thousands of pounds is already a risk, but then when you consider how many other cars, pedestrians, and obstacles are on the road with you, the dangers become even greater.
Motorcyclists are particularly vulnerable on the roads because of the lack of protection these vehicles offer. In many cases, drivers in other cars have a hard time spotting motorcyclists. Additionally, bikes are more likely to have trouble with poor road conditions.
When motorcycles and cars are both involved in accidents, it can be complicated to navigate the aftermath of the collision. It is important to understand biker rights when they are involved in car crashes. Let’s look deeper at the legal implications of this type of accident and what all parties should do in the aftermath.
Motorcyclist Rights
First, it is important to get a clear understanding of what rights bikers have on the roads. There is a difference between the types of bikes, as bicyclists and motorcycle riders have different concerns. For example, those who choose better living with an electric bike have similar rights to a traditional motorcycle rider, but these rights are different from a person who rides a pedal bike. Motorcyclists and e-bike riders can occupy roads in the same way that other vehicles do while bicyclists should stick to bike lanes or the right side of the road. Motorcyclists have all the rights and responsibilities of other motorists on the road.
Another law to consider regarding bikers is lane-splitting. This is the action of riding on a dotted white line between two vehicles driving in the same direction. Currently, lane-splitting is only legal in California, but multiple states are considering a law change.
Dangers of Riding Motorcycles
It is no secret that motorcyclists face a greater risk of getting hurt while on the road. There is no vehicle shell to protect you from the environment if an accident happens, so your body is completely exposed to potential damage. This is one reason why motorcyclists have to be extra careful in following the rules of the road and paying attention.
The other danger comes from other drivers. Many motorists are not actively looking out for smaller vehicles like bicycles or motorcycles. Perhaps they do not check their blind spots thoroughly and assume they are in the clear because there are no large vehicles in sight from their mirrors. The blind spot is much larger for a motorcycle, so another driver is far more likely to miss them. Road conditions are also more significant for motorcyclists because they are only on two wheels with a narrow center of gravity. Contact with slippery roads or a pothole could knock you over or result in a slide. Bikers should be prepared to handle injuries and move forward after motorcycle accidents to prioritize health and their financial future.
Right to File Injury Claims
Vehicle accidents involving cars and motorcycles often result in personal injury claims. These claims are filed against the at-fault party for the accident to recover damages suffered because of the collision. However, in no-fault states, injured parties can only pursue compensation through their own insurance policies. In the majority of states that have fault laws, victims can file claims against the other parties in the accident.
Let’s look at a few examples. If you are driving a car around Nashville, Tennessee and a motorcyclist goes through a red light and forces you to swerve into a median, you could get injured. You could contact a car accident attorney near Lebanon to help you file a claim against that motorcyclist for medical bills or lost wages because of your injuries. In another case, let’s say you are a motorcyclist living in New York and you are hit by a car because the driver failed to check their blind spot. Since New York is a no-fault state, you can only pursue compensation for damages from your insurance through personal injury protection coverage.
Understanding your rights in filing personal injury claims is important when you are involved in a vehicle accident, whether you are riding a motorcycle or driving a car.
All Motorists Should Understand Biker Rights to Encourage Safer Roadways
A greater understanding of all motorists is the only way to make our roads safer for everyone. This means motorcyclists should understand the limitations other drivers face when looking for bikers just as drivers should be more attentive and watch out for motorcycles on the road. When everyone has a clear understanding of the risks involved with operating cars and bikes on the road, accidents can be avoided at a higher rate across the country.
