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Police officer talking to motorcyclist after accident

Pursuing A Claim Against A Negligent Motorcyclist

By: Fred Moore | Sep 14, 2018

Although the majority of motorcyclists are safe, conscientious riders, some riders cause serious accidents when attempting dangerous practices such as lane splitting, weaving in and out of traffic and traveling at excessive speeds. Our motorcycle accident attorney at Moore Law Firm has over 30 years of experience handling all types of motor vehicle accident cases and can help you recover maximum compensation for your damages if you’ve been injured in an accident with a negligent motorcyclist.

Liability In Motorcycle Accidents

Liability in all different types of motor vehicle accidents falls under the legal concept of negligence. A person is considered negligent when their careless behavior causes injury to another person. All drivers on the road, including motorcyclists, have a duty of care to avoid injuring other motorists, passengers, pedestrians or cyclists. If a motorcyclist does not exercise good judgment, fails to be reasonably careful or rides in a reckless manner and injures someone as a result, they can be liable for any injury or death caused by the accident.

Lane Splitting

Motorcycle lane splitting is a dangerous practice that puts the lives of the motorcyclist and others at risk. Lane splitting occurs when a motorcyclist rides between two lanes of slow or stopped traffic. Because of the close proximity of other vehicles and reduced space for the motorcycle to maneuver, lane splitting is a common cause of motorcycle accidents. Drivers in the vehicles surrounding the motorcycle typically don’t anticipate that any vehicle will be passing them in slow-moving or stopped traffic, which creates a recipe for disaster.

When a motor vehicle accident occurs while a motorcyclist is lane splitting, the actions of both the driver of the car and motorcyclist prior to the accident are taken into consideration. If lane splitting is illegal in the state where the accident occurred, the motorcyclist will most likely be considered at fault for the accident. Seeking the counsel of a motorcycle accident attorney who understands the complexities of how to demonstrate fault in types of cases is vital to ensure that all your legal bases are covered and your rights are protected.

Speeding And Alcohol Use

Many accidents involving motorcycles are caused by speeding or alcohol use and are much more likely to result in death or serious injury. Following any accident, it is vital to call 911 and collect all the evidence you can at the scene. Photos, notes, witness statements and police reports are invaluable tools that can help your attorney get an accurate account of what happened when the accident occurred and provide a solid factual foundation upon which negligent motorcyclist accident claims can be proven.

If you’ve been injured or have lost a loved one in a collision with a motorcycle, our motorcycle accident attorneys can help. Call Moore Law Firm at 251-445-7602 or contact us online to schedule a consultation.