Motorcycle accidents are some of the most severe accidents on the road. When you are driving you should be cautious whenever there are motorcycles present. Moore is a city in Cleveland County Oklahoma, and is not immune from the troubling statistics that plague motorcycle drivers. According to the United Department of Transportation Data shows that in 2013, the most harmful event for motorcyclists and for 2,448 people representing 51 percent of the 4,774 motorcycles that were involved in fatal crashes was a collision with another motor vehicle.
Motorcycle Driver Negligence in Moore
Accidents can be the product of a motorcycle driver not paying attention, or conversely an automobile or truck driver not paying attention. According to the U.S. Department of Transportation’s National Highway Traffic Safety Administration (NHTSA), more than 50 percent of motorcycle accidents resulting in death involve another vehicle, and 42 percent of two-vehicle fatal motorcycle crashes involved a vehicle turning left while the motorcycle was going straight, passing, or overtaking the vehicle. In addition to these statistics, some of the most common reasons for motorcycle accidents include:
- Speeding – driving above the speed limit puts both motorcycle drivers and motorcycle drivers at risk for accidents and injury. On major highways when the speed limit is already much higher than it would be on a small road, anytime you exceed the speed limit you are risking your life and the lives of others around you.
- Failing to stop or yield – Failing to stop at a stoplight, traffic sign, or yield sign are some of the biggest contributors to motorcycle accidents.
Whatever the reasons for the accident, if anyone or their property is injured as a result of a motorcycle accident, they will have to prove that the cyclist was negligent to some degree.
There are four elements to a negligence claim, which serves as the basis for most personal injury claims. The plaintiff who is the person suing or making the claim must show each of the following elements that:
- Duty – The law required the defendant or in the case of an accident, the person who is being sued, to be reasonably careful. In motorcycle and motorcycle accident cases, this is implied because everyone is familiar with what can happen when you are not careful while driving. Motorists must exercise care when riding or driving.
- Breach – in order for a plaintiff to recover for any damages that they may have sustained, they will need to show that the defendant was not careful and breached their duty. In determining if the defendant was careful, the law compares the driver’s conduct to that of a “reasonable person.”
- Causation – For a plaintiff to prevail in a personal injury case they will need to be able to use the facts and information that they have to prove that the defendant’s conduct caused the plaintiff’s injuries.
- Damages – Finally, in order for a person to be able to recover any compensation they need to demonstrate that they were injured or suffered losses. If the motorcyclist didn’t get hurt or can’t prove any damages, he or she can’t recover anything, even if the defendant behaved in a careless manner.
Due to Oklahoma’s modified comparative fault laws, compensation may be recoverable even if the victim was partially at fault for the crash, provided the other driver had a greater degree of fault than the victim. In this scenario, the plaintiff’s compensation would be reduced to reflect his or her degree of fault for the accident. For example, if the victim was found to be 10% at fault, an award of $100,000 would be reduced to $90,000.
Common Types of Motorcycle Accidents
Motorcycle accidents can happen in many different situations and for a variety of reasons. One of the biggest factors in motorcycle accidents is that motorcycles simply are not as visible as other vehicles on the road, and therefore are more susceptible to being involved in an accident. Some of the most common accidents include:
- Side-impact collisions – These types of accidents tend to be more severe than rear-end accidents because of the location of the impact in relation to the passengers as well as the exposure that those on motorcycles face. These type of accidents are also known as T-bone collisions and tend to occur at intersections where a motorcycle continues through a red light or stop sign while another car or another automobile is in the intersection, or conversely when a car proceeds through an intersection and does not see that a motorcycle is already in the intersection.
- Rear-end collisions – Rear end collisions are a very common motorcycle accidents where one motorcycle crashes into the rear of another car or vice versa. There are many reasons why there may be a rear-end collision, but generally, they result from a car not paying attention and then slamming on their breaks when they realize that there is a motorcycle in between them.
- Vehicle Rollover – anytime a motorcycle is struck at any speed there is the chance that the motorcycle could rollover or flip. When these accidents happen for a motorcycle they tend to result in severe damages to the motorcycle, the cars involved, and importantly to the people, who are riding. Traumatic brain injuries including concussions are more likely in these types of accidents because of the rapid and sudden change in direction.
There are a wide variety of reasons that a motorcycle may be involved in an accident, whether it is because they were negligent or another driver was negligent. Regardless of the reasons, when there is a motorcycle accident it is very likely that the injuries are going to be severe.
Schedule Your Free Consultation With an Oklahoma City Personal Injury Lawyer
Call our law offices right away at (405) 698-3040 to set up a free legal consultation with our helpful, friendly legal team. We are proud to handle auto accident claims in Canadian County, Oklahoma, including Mustang, El Reno, Okarche, Piedmont, Geary, Calumet, Yukon, Union City, Oklahoma City, and other cities in the area. We don’t charge any legal fees unless we recover compensation for you, and we will keep your information confidential.