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Motorcycle Accidents
In 2004, 4,008 motorcyclists were killed and an additional 76,000 were injured in traffic crashes in the United States. 157 of these fatalities occurred in Illinois. Motorcycles are more likely than other vehicles to be involved in a fatal collision with fixed objects. Motorcycles made up more than 2% of all registered vehicles in the United States in 2003 and accounted for only .3% of all vehicle miles traveled. Per vehicle mile traveled in 2003, motorcyclists were about 32 times more likely than passenger car occupants to die in a motor vehicle traffic crash and six times more likely to be injured.
The issues raised in a motorcycle accident are unique and require the attention of an attorney who has experience handling these cases. Our office has experience representing victims of motorcycle accidents and can maximize the compensation the driver may be entitled to. Many of the questions posed and answers provided in the car accident section also apply to people who suffer injury when struck by a car while riding a bicycle. Please refer to the Car Accident section for answers to specific questions regarding damages which may be claimed and the manner in which such a claim would proceed.
Answers to frequently asked questions are provided below:
What if I wasn't wearing a helmet?
The wearing of a helmet is not required in the State of Illinois. The use of a helmet is not relevant in assessing the fault of the parties.
Helmets are effective in saving lives and reducing the severity of the injuries suffered. All motorcycle helmets sold in the United States are required to meet the Federal Motor Vehicle Standard which details the minimum level of protection helmets must provide. Illinois is one of only three states with no laws requiring helmet use. In 27 states, persons under the age of 18 are required to wear a helmet. In 20 states all motorcycle operators and passengers must be helmeted. If the motorcycle accident occurred outside of Illinois, a review of the applicable state law must be undertaken.
Do state insurance requirements apply to the operation of motorcycles?
The same limits which apply to the operation of a car apply to the operation of a cycle. The minimum liability limits a motorcyclist must carry is $20,000 per person and $40,000 per occurrence. It is recommended that a cyclist carry a more substantial policy including underinsured/uninsured motorist coverage given the severity of injury common in a motorcycle accident.
Are motorcycle accidents different than other car accidents?
In many respects car accidents share the same characteristic as the motorcycle accident. For example the elements of damage that may be claimed by an injured person are the same whether a car or motorcycle is involved. There are however several issues specific to accidents involving motorcycles. It is recognized that drivers of motor vehicles oftentimes have difficulty identifying the presence of a motorcycle. This may be problematic when the car is making a left turn in front of an oncoming motorcycle or when a motorcycle is riding adjacent to a vehicle. The visibility of the motorcycle is oftentimes an issue. It is oftentimes necessary to involve an expert to perform a reconstruction of the motorcycle accident. This may also involve the use of an expert to assess the visibility of the cycle involved and to testify to the difficulty many drivers have identifying such cycles. Photographs taken at the scene of the accident are oftentimes critical. Information obtained at the accident scene including measuring the skid marks, if any and the position of the vehicles is critical. A reliable accident reconstruction is oftentimes impossible if the scene was not properly evaluated. A detailed accident reconstruction can often provide the information necessary to determine fault.
If you are involved in an accident involving a motorcycle, it is important that you consult a lawyer to discuss the circumstances. It is oftentimes necessary to take immediate action to insure that the scene of an accident has been properly detailed, to take additional photographs and to involve an expert. The expert can then consider the issues including the ability of motorists to observe the cyclist, and the response of the driver of the car to the presence of the cycle as well as the conduct of the cycle driver. Was the cyclist lane splitting, curb sneaking, lane sharing or moving up on traffic? Was the cyclist driving aggressively or defensively? Did the cyclist respond appropriately to the conditions on the roadway? Did the driver appropriately counter-steer? These issues should be addressed with an expert as soon as practical following a motor vehicle/motorcycle accident.
What other issues are unique to motorcycle accidents?
In 2002, the number of motorcycles registered for street use in the United States was approximately five million. Analysis by the University of Southern California of 4,500 motorcycle crashes revealed that in two-thirds of the crashes involving a car and motorcycle, the car violated the motorcyclists right-of-way.
Communication between car drivers and cyclists is critical. Motorcyclists must use signals and lane position to communicate his intention to drivers. Use of headlights on the cycle at all times is recommended by The Motorcycle Safety Foundation. Establishing a safe following distance allows the cyclists to be seen, provides the ability to see around and over other vehicles as well as the time and space to react to road surface changes and additional vehicles. It is critical that a motorcyclist avoid the blind spot of a motor vehicle for any extended period of time. Likewise, drivers of a motor vehicle must recognize that they have blind spots and be aware of the likely presence of traffic.
According to the University of Southern California study, intersections are the most likely place for motorcycle crashes. The small size of the motorcycle makes it more difficult to identify and requires a more aggressive and conscious perspective of the driver to look for cycles. The small size of the motorcycle can make evaluation of the speed and distance of the cycle more difficult. A motorist must be particularly aware of this issue. Motorcyclists must recognize that oncoming traffic may not recognize and respond to the presence of the cycle. All intersections must be approached with caution. Although this is certainly the case whenever a car or motorcycle is approaching an intersection, it is especially critical given the difficulty many drivers have in recognizing the presence of a cycle and the relative speed and distance.
The rules of the road apply to motorcycles in the same fashion that they are applied to other vehicles. The ability of the driver of a car to perceive and respond to a motorcycle is different than that perception of another vehicle. The circumstances surrounding the motorcycle/car accident must therefore be considered with this in mind.
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