Motorcycle riders enjoy many benefits that others do not while driving standard cars. Unfortunately, bikers do not have the same protection or safety features as other motorists, making them vulnerable to severe injuries after a wreck. Even when riders follow traffic laws, they are still at elevated risk of significant bodily injury.
You could be eligible for a payment to cover your losses when someone else’s negligence causes you harm. Our hardworking injury attorneys at Doroshow, Pasquale, Krawitz, and Bhaya can help you get a successful outcome in your case. Schedule a consultation with a Dover motorcycle accident lawyer today.
Typical Motorcycle Crash Causes
Even the most cautious biker is vulnerable to crashes because of another driver’s negligence or poor road conditions. Some of the common factors that contribute to motorbike crashes include:
- Talking on the phone or texting
- Impairment of alcohol or drugs
- Sudden maneuvers, such as lane changes after failing to see motorcyclists
- Failing to give the right-of-way or running red lights or stop signs
- Hazardous road conditions from inclement weather
- Speeding or reckless driving, such as following too closely to a biker
- Making a left turn without noticing a biker
- Motorcycle part or equipment defects
These collisions most commonly occur in intersections. A talented Dover attorney can investigate a motorcycle crash to determine who is liable for the rider’s damages.
What Damages Are Available After a Motorcycle Wreck?
The available damages depend on the case’s circumstances, such as how the injuries are expected to affect the biker. The court will also consider the defendant’s actions leading up to the motorcycle collision.
Examples of recoverable damages include:
- Past, present, and future medical care resulting from the injury
- Medical devices, home renovations, transportation costs for doctor visits, or prescriptions
- Loss of income, benefits, or earning capacity
- Physical impairment causing permanent disabilities or disfigurement
- Mental distress and anguish
- Physical pain and agony
The compensation typically falls within two categories: special, or economic, damages and general, or non-economic, damages. While economic losses can be easily verified through medical bills or other documentation, non-economic losses are more challenging to prove despite their importance.
Safety Helmet and Eye Protection Requirements
Brain injuries leading to permanent disabilities, permanent facial or eye damage, and even death are common for motorcyclists involved in a collision with another vehicle on the road. Using safety gear while riding is the most effective way for riders to protect themselves.
According to the regulations provided by the State of Delaware Office of Highway Safety, every motorcycle operator or passenger under 19 years old must wear eye protection and safety helmets to meet the minimum acceptable requirements of the Federal Motor Vehicle Safety Standard.
Those over 19 must always have a helmet with them while operating or riding as a passenger on motorcycles. Further, it is unlawful to carry passengers unless they are sitting on a seat and using footrests.
While the state traffic laws do not require bikers over 19 to wear helmets, they save lives, and wearing one could increase the chances of receiving a fair settlement in the event of an accident. Defendants commonly argue that the plaintiff shared fault for their injuries when not wearing protective gear. During the consultation, a motorcycle wreck lawyer can answer specific questions about applicable laws in Dover.
Meet With a Capable Motorcycle Accident Lawyer in Dover
As a motorcyclist, you have the same rights to the road as any other driver. Unfortunately, the compact size of motorcycles makes bikes harder to see, particularly when other drivers are distracted or careless.
Call a diligent Dover motorcycle accident lawyer to schedule an appointment and review your legal options. While an award for damages cannot reverse what happened, it could allow you to get the medical care and rest you need while holding the defendant responsible for their actions.