Addressing Common Concerns About Motorcycle Accidents

Addressing Common Concerns About Motorcycle Accidents

16 April 2015
 Categories: Law, Blog

While almost any vehicular accident is a serious matter, this is especially true for those that are involved in motorcycle accidents. Motorcycle riders lack the protections enjoyed by those in cars and trucks, which makes accidents a far more serious matter for these individuals. When a person is involved in a motorcycle accident, they may not know what their rights are when it comes to receiving compensation. Yet, learning the following two questions will help you better understand what protections you enjoy under the law.  

What Happens If You Were Not Wearing A Helmet At The Time Of The Accident?

Unfortunately, there are many people that avoid wearing helmets when riding their motorcycles. In addition to making it more likely that you will suffer a major injury, failure to wear the appropriate safety gear can also severely impact your chances of receiving compensation for your injuries. 

This is the case even in areas that do not have helmet laws, because the law has the principle of proportional negligence. In other words, if your actions played a central role in contributing to your injuries, you may not be entitled to financial compensation. This is particularly true in instances of minor accidents because it is assumed that the likelihood of injury would be extremely low in these collisions. In contrast, failure to wear a helmet may not be as important in a case that occurred at high speeds, because the motorcyclist was likely to suffer injuries regardless of the safety gear they were wearing. 

If Your Passenger Was Killed Can You Sue For Wrongful Death?

Sadly, there may be times where motorcycle accidents result in a death. If you have been unfortunate enough to be involved in a motorcycle accident that left your passenger dead, you may be wondering whether a wrongful death suit is a possibility. 

Regretfully, there is no simple answer concerning a wrongful death suit because the laws vary from region to region. However, it is generally held that a spouse, family member and occasionally business partners can file a wrongful death. If you do not meet these qualifications, then this option will likely not be available to you, but you will need to speak with an attorney to know for sure. 

Motorcycle accidents can be devastating experiences to go through because the motorcyclist is poorly protected from other vehicles. When you are involved in these accidents, you need to know your rights to ensure that they are protected. By knowing the way that wearing a helmet can influence your case and the requirements for suing with the help of a motorcycle accident attorney if your passenger is killed, you will be better able to make smart legal choices for your situation.