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What points to driver negligence for motorcyclist's injuries?

Most motorcyclists today know the risks of driving a motorcycle. Everything equal, motorcyclists have a higher chance of being involved in an accident or even of being seriously injured or killed in the process. Motorcyclists have every right to continue to travel the way they do. There are certain types of motorcycle accidents that point to situations in which the motor-vehicle driver was negligent at the time of the crash.

One of those situations is if a motor vehicle fails to yield to a motorcyclist. For example, the motor vehicle driver is almost always negligent if he collides with a motor vehicle when taking a left hand turn, and fails to yield to oncoming traffic. While this choice is almost never intentional, this type of motorcycle accident does raise a red flag that the driver was either distracted or did not use due care to check for the motorcyclist before making the left-hand turn.

There are also situations where the motorcyclist and the motor-vehicle driver share a portion of fault for the motorcycle accident. Many motorcyclists may think, how is this helpful if we are both equally responsible? The truth is that many comparative negligence laws allow for individuals sharing responsibility to split the financial repercussions that can occur after a motorcyclist is injured in an accident. For example, if a motorcyclist's medical bills totaled $200k and each party was equally negligent, the motor-vehicle driver could be held accountable for half of that bill.

This is favorable for motorcyclists, because oftentimes, motor-vehicle drivers and their passengers are not injured in collisions with motorcyclists. This is because their mode of transportation better protects them from injury. What motorcycles lack in safety, they make up for in pure joy. Motorcyclists should feel confident about their choice to ride, but it is always good to keep an eye out for inattentive drivers.

Source: injury.findlaw.com, "Motorcycle Accident FAQ," Accessed April 17, 2017

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Kambur Law Firm, APLC
4700 Canal Street
New Orleans, LA 70119
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