Motorcycle Accident
If you are a motorcycle passenger involved in an accident, you may be able to sue the driver of the motorcycle, the other automobile (if there was one), or both, depending on the specifics. If a flaw or defect in the motorcycle caused the accident, you might be entitled to file a product liability (defective product) claim against the manufacturer. Because there is almost never a chance that the wounded passenger will be found at fault, motor vehicle passenger injury cases tend to be simpler to prosecute than other forms of personal injury suits.
Continue reading to find out more about these sorts of instances.
The only automobile involved in the collision was a motorcycle.
Your claim will be made against the motorcycle operator if the motorcycle was the sole vehicle involved in the collision (a one-vehicle accident). Like in any negligence action, the party filing the claim must be able to establish both culpability (who was at fault) and damages in order to prevail (how badly the plaintiff was injured). You will prevail in court if you can show that the motorcycle operator was careless. There are two main causes of single vehicle motorcycle accidents: 1) the motorcyclist negligently crashes (wipes out) or hits something, like a tree or a parked car, or 2) the motorcycle crashes or hits something because of a mechanical defect or fault in the motorcycle. If a motorcycle crashes in a one-vehicle accident, there is almost always going to be negligence or a defect somewhere. Either the motorcyclist was negligent, or the motorcycle was defective.
Motorcycle accidents involving one car often have two major causes: 1) the rider carelessly crashes (wipes out) or strikes an object, such as a tree or a parked automobile, or 2) the motorbike crashes or strikes an object due to a technical flaw or defect in the motorcycle. In a single vehicle collision involving a motorbike, there is virtually always going to be carelessness or a fault. Either the rider was
careless, or the motorcycle had a flaw.
You're in a Motorcycle Accident with Two Other Vehicles.
If you are a motorcycle passenger involved in a collision with another automobile, you will often file claims against both the driver of the motorcycle and the other car until it is crystal evident that only one of the drivers was at fault.
It's critical to understand that a two-vehicle motorcycle accident can happen even if the motorcycle does not really collide with the second vehicle. For instance, if a car negligently cuts off a motorcycle in traffic, causing the rider to lose control and crash, the driver of that car will be responsible for any injuries or damage sustained by the rider and any passengers.
But if the negligent driver flees the scene and is never found, you would, of course, not be able to make a claim against that driver. You might be able to make a claim for a hit and run accident under your and/or the motorcyclist's uninsured driver insurance policy, if the policies allow for such a claim.
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