Motorcycle accidents can happen in an instant and can cause severe or long-term harm to victims. Oftentimes, individuals who suffer from motorcycle accident injuries are faced with complications and challenges when pursuing a personal injury claim. Understanding your rights and responsibilities when dealing with the aftermath of a motorcycle accident can help you work towards recovery.
What Is a Lowside Crash?
A low-side motorcycle crash is when a motorcycle loses traction and falls onto the same side as the direction of the lean. The following are common causes of low-side motorcycle collisions.
- Wet or slippery road conditions
- Gravel, oil, or debris on the pavement
- Sudden braking while turning
- Entering a curve too quickly
- Improper tire maintenance or worn tires
What Is a Highside Crash?
A high-side motorcycle crash, on the other hand, is when the rear tire loses traction but then suddenly regains it, often causing an abrupt movement, ultimately throwing the rider off. The following are common causes of high-side motorcycle collisions.
- Overcorrecting after a skid
- Aggressive acceleration during a turn
- Improper throttle control
- Sudden changes in road surface traction
- Mechanical issues affecting stability
How Fault Is Determined in Motorcycle Crashes
Oftentimes, when a motorcycle accident occurs, determining fault may be difficult as liability can be shared amongst multiple parties. The following are several factors that can be considered when determining who may be responsible after a motorcycle collision.
- Conditions of the road
- Actions of other drivers
- Rider behavior
- Mechanical issues
These elements listed above can create an understanding of how a victim suffered injuries from a motorcycle accident. These factors can also determine the severity of one's injuries, ultimately making documentation crucial for investigators and the court when pursuing a personal injury claim. Understanding how fault can be determined after a motorcycle crash can help victims receive the compensation and justice they may need to recover from their injuries.
Comparative Fault in Motorcycle Accidents
California follows a comparative fault system that allows multiple parties to share responsibility for the damage and injuries that may occur after a motorcycle accident. Examples of comparative faults may include:
- A rider who is partially responsible for speeding
- Another driver who may share responsibility for making an unsafe maneuver
- A third party may be involved due to road hazards
Each party's percentage of fault can ultimately determine the amount of compensation they receive during their case.
Evidence That May Be Used to Evaluate Fault
The following is a list of important evidence that should be kept after a motorcycle accident.
- Police reports documenting the scene
- Photos or videos of the accident and roadway
- Witness statements
- Traffic camera or surveillance footage
- Motorcycle data, if available
- Medical records showing injury patterns
Preserving the necessary evidence may be useful when determining who is liable for injuries caused by a motorcycle accident. Evidence and documentation can ultimately help investigators understand how injuries occurred and the overall severity of them.
Common Injuries in Lowside and Highside Crashes
The following are common injuries in low-side and high-side motorcycle collisions. These may include:
- Road rash and abrasions
- Broken bones
- Head injuries, including concussions
- Spinal cord injuries
- Internal injuries
It is also important to note that victims who have experienced a high-side motorcycle crash often deal with severe trauma and injuries due to the intense force of the accident.
Steps to Take After a Motorcycle Crash
Victims who are involved in a motorcycle accident should consider the following steps to decrease the chance of severe injuries and long-term harm. These may include, but are not limited to:
- Seeking medical attention, even if injuries seem minor
- Documenting the scene by taking photos and videos
- Gathering contact information from witnesses
- Avoid making detailed statements about the fault at the scene
- Keeping records of medical treatment and expenses
Victims should consider collecting the names, contact information, and a recorded statement from witnesses to provide a neutral perspective of how the accident occurred. In addition, victims should understand that the steps listed above can help them practice safety when dealing with the aftermath of a motorcycle collision.
Seeking medical treatment for injuries that seem minor is crucial, as untreated injuries may worsen or become chronic health concerns over time.
How Legal Guidance May Help
Seeking legal guidance and support when dealing with a motorcycle crash can help minimize the additional challenges that can arise after an accident has occurred. An attorney may be able to:
- Review the facts of the accident
- Help identify potentially responsible parties
- Explain how state laws, including comparative fault rules, may apply
- Assist in communicating with insurance providers
- Help organize documentation related to the claim
How KAASS LAW Can Help
The personal injury team at KAASS LAW understands the challenges that come along with motorcycle accidents. We want to help victims work towards recovering from their injuries and receiving the compensation and justice they deserve. Call KAASS LAW today to speak to a legal professional.