Motorcycle Accident and Its Legal Ramification

Under personal injury law, a person whose negligence causes injury to another individual is legally responsible for the bodily injuries and property damages of his victim.
Under personal injury law, a person whose negligence causes injury to another individual is legally responsible for the bodily injuries and property damages of his victim.

In cases of motorcycle accidents, personal injury law is commonly used to determine who is liable for the injuries and damages and who should pay for the economic losses of the victims.

According to litigation attorneys, these are the most common legal remedies for victims of motorcycle-related accidents.

• Compensation for hospital costs including the victim’s future medical needs
• Payment for repairs and replacement of a damaged property
• For victims who became permanently disabled, they can seek compensation to cover their reduced or complete loss of earning capacity (usually based on their latest salary and potential earnings).
• Pain and suffering compensation
• Punitive damages (This is more than the real amount of damages and is only given to victims if the defendants’ act is extremely reckless, malicious, and wanton.

Defective Motorcycles

Aside from reckless drivers, there are cases in which manufacturers have been found to be liable for motorcycle accidents. For example, three riders crashed and were severely injured after their Kawasaki motorcycles collapsed while traveling. According to several investigations, the main tube of the motorcycles had collapsed, leading to crashes.

In accidents involving defective motorcycles, the number of affected consumers may reach to thousands, or in some cases, even millions. With this, class-action lawsuit is the best legal option to allow all the affected people to sue the manufacturer.

Another advantage of class-action lawsuit is that it allows all the people who suffer from the similar manner to receive monetary compensation from the liable company. And compared to individual lawsuits, this legal action is less expensive.

Motorcycle Accidents Statistics

According to the US National Highway Traffic Safety Commission (NHTSA) statistics, more than two-thirds of motorcycle-related accidents were caused by drivers, not motorcyclists.

NHTSA officials are also alarmed with the rising number of injuries and fatalities among motorcycle riders. According to government reports, fatalities involving motorcycles have been increasing for 11 consecutive years despite the fact that accidents involving buses, cars, and trucks have significantly dropped for the past several years.