Failure to Yield Accident & Injury Attorneys
Many motorcycle accidents are caused by a motorist’s failure to yield or forget the rights of the other drivers on the roadways. Motorcycles, scooters, and bicycles have the exact same right of ways that cars do, which may be hard to believe in size standards, but one must never fail to remember this. In the case where the laws are forgotten or one fails to be careful, an accident may inevitably occur.
So what is failure to yield and what can happen as a result?
Failure to yield is when a motorist fails to the right of way of the motorcyclist and an accident occurs, which is actually one of the leading causes of accidents involving motorcycles. Many times a driver will claim that they did not see a motorcycle and, as a result of their negligence, causes immediate harm to the motorcyclist or even themselves in some cases. One must remember that, when sharing the roadways, it is vital to look for all vehicles and not just other automobiles or large trucks.
As a result of these horrific accidents, one can sustain life-threatening injuries or even worse. There are two types of injuries that a rider may sustain as a result of an accident. These categories are called hard injuries and soft tissue injuries.
- Motorcycle engines, unlike car engines that are located under the hood and separated from drivers, are fully exposed. A running motorcycle engine can reach an outstanding 230 degrees, which could cause second and third-degree burns to the rider. When an accident occurs, there is very little keeping the rider’s skin safe from the engine block besides whatever they are wearing for protection on their legs.
- Force can be a deadly thing in the case of a motorcycle accident. As a result, one might sustain spinal cord injuries, head injuries, internal bleeding, brain trauma, and other organ damage. Research has shown that the speed in which they were traveling has little to do with it in most situations; the damage could still end up the same.
- Broken bones, like that of the wrist and pelvis areas, are common.
Soft Tissue Injuries
- Abrasions, scrapes, and bruises can occur, and a motorcyclist may suffer torn ligaments or muscles at times. Because motorcycles can weigh extreme amounts, a rider attempting to gain control in the face of an accident may cause these tears and other serious injuries.
- Whiplash may also occur, which could snap the rider’s neck and back very violently. The symptoms can be very debilitating and take a few days to surface.
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To add to these many reasons on why one should always take caution and be especially careful on the roadways, deadly results can always happen. Take for instance a situation where a vehicle crowds the lane from a motorcycle and runs he or she off of the road. In the blink of an eye, that motorcyclist could end up facing oncoming traffic as a result which could leave them in the accident of a lifetime. Nobody wants to see an accident take the life of a rider when it could have been easily prevented.
From a Statistical Standpoint
As long as roadways have existed, motorists of all kinds have been susceptible to accidents. What are some general statistics involving motorcycle accidents?
- For one, in 2/3ds of all motorcycle accidents, the driver of the other vehicle involved has violated the motorcyclist’s roadway rights.
- Motorcyclists are 26 times more likely to die in a crash than any other motorist on the road. They are also 5 times as likely to end up injured.
- The fatality rate of motorcycle accidents has more than doubled since 1999.
Like any other accident claim, you will need thorough evidence. When a motorcyclist files a claim, it is up to him to establish that the motorist breached his duty of care and was being negligent on the roadways. Furthermore, it is his duty to prove that he did not contribute to the accident in any way that could fall back on him. If this isn’t possible, then the motorcyclist is seen negligent to a certain percentage and won’t receive their compensation in full.
It is a good idea to begin working with an accident lawyer that you can trust immediately following the accident. The sooner you act after gathering evidence, the faster you can come to a result without any of your evidence fading out of importance.
So, what kind of evidence will you need? In the case of an accident, there are many things a motorcyclist will want to document and pay attention to for further investigations.
- Make sure to keep your helmet and do not alter it in any way, and even go as far as to get photographs of it at the scene of the accident. Wearing a helmet, in some cases, can prove you didn’t contribute to your injuries.
- Police reports can be vital to your case as they will help you collect witnesses, take reports of the weather that day, and document that you were not speeding or anything else that you could benefit from.
- Take photographs of everything on the scene if possible before it is moved, like the motorcycle for instance. It is also important to make sure that you thoroughly inspect and photograph the other driver’s vehicle.
- Note what was seen with witnesses. Make sure to keep document of their contact information in case the police officers fail to do so.
- You may want to even include medical records in the case that you are attempting to receive compensation for your claims. If you were taken to a hospital in an ambulance, get copies of notes from the paramedics. Get a photograph of your admitting chart. Keep everything well documented and keep track of test results that could help in the courtroom later on.
Aside from the facts of the occurrence being used in court, there can be even more to justify your case. For example, the nature of the injuries sustained, pain and suffering, and loss of earnings from work should be factored in before a settlement is reached. Many attorneys believe it is in the victim’s best interest to concentrate on recovering from their injuries, as these cases can be somewhat prolonged and stressful as is.
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At the Maggiano, DiGirolamo & Lizzi, we care about our clients and are passionate about ensuring they get justice, we fight to get our clients a favorable outcome in their case. We will work with you in your failure to yield motorcycle accident case. If you were injured in one of these relating accidents, you may be entitled to compensation for your injuries. Contact us to find out if you can recover the cost of medical bills and other damages sustained.