Assignment of Liability For Injuries Sustained In Motorcycle Accident

In comparison to others on the road, the rider on a motorcycle stands a greater chance for suffering an injury at the time of an on-road incident. For that reason, such riders need to understand the best method for obtaining a fair compensation, as per personal injury lawyer in Sudbury.

An investigation of the accident site should show who was at-fault.

Did the driver in the larger vehicle fail to see that rider that was sitting on a top of 2 wheels?

Had the driver or the rider failed to obey one of the many traffic laws?

Who might be held liable for injuries?

The driver of the larger vehicle might have been guilty of negligence.
—Perhaps that same person/driver had become distracted.
—Maybe he or she was speeding, tailgating or ignoring a stop sign; maybe he or she had gone through a red light.

The maker of any component that was used in either of the vehicles might be held liable for injuries. Perhaps an error had been made during installation of a certain part.

It could be that some engineer had done a poor job of designing a specific stretch of road. Maybe the accident had taken place on a section of roadway that needed repairs, because it had so many potholes.

What damages could be mentioned in any claim that was submitted by the injured motorcycle rider?

The cost of medical treatment and use of medical equipment, if the accident were to leave the motorcyclist with a disabling medical condition.
The amount of income lost, while recovering at home, or in the hospital.
The extent of pain and suffering endured by the plaintiff/motorcycle rider
The value for any property damage
—The cost for completing any needed repairs
—The cost for replacing any property that could not be repaired.

What factors might reduce or remove the chances for the motorcycle rider to get compensated for his or her losses?

If the motorcyclist had failed to wear a helmet, then the insurance company could refuse to grant any compensation. If the motorcyclist had been attempting a risky maneuver, at the time of the accident, then a judge or jury would have reason for subtracting an appropriate amount of money from the claimant’s compensation package.

If the motorcyclist had failed to fill the cycle’s tires with the right amount of air, then that fact could become the basis for deducting some of the same rider’s award. If some debris from the road had flown into the face of the motorcycle rider, then it would be necessary to determine the source of that debris. Had it come from a pothole, or had it come from some junk that was being hauled in an open pickup truck?